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 16-11-09 

Discrimination On Facebook

Banning social networking sites at work may not protect employers

If there is a connection with employment or other area of public life, people making discriminatory comments on internet sites like Facebook may be subject to discrimination laws.

The Australian Human Rights Commission reports receiving an increasing number of complaints about harassment occurring on social networking websites.

One complaint was about comments of a sexual nature made by one employee to another on Facebook after they had become Facebook friends.

In another, disparaging comments about a fellow employee's disability were made to a Facebook group which bore their employer's name, though the group was not created by the employer.

Another complaint involved an exchange of racially offensive comments between colleagues after posting photos of a work function on Facebook.

Rather than developing special policies restricting the use of social networking sites, employers seeking to avoid liability for discriminatory conduct may do better to focus on formal policies and practices that seek to develop a non-discriminatory workplace culture, and ensure a workplace that is free from discrimination and harassment.


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