Social media can be uncertain territory for employers. Posting and interacting on social media is a popular way to stay connected with friends and let everyone know what you did over the weekend. It’s also a popular way to share opinions – especially strong opinions. If you want to know who has strong opinions about something, scroll through your newsfeed. Better yet, post a question or unpopular opinion, and see what happens! If you post that you want parenting advice or even that you dislike chocolate, I’m warning you now, it’s not going to be pretty.
In our current climate right now, it’s even worse. Put together a pandemic where everything has become politicized, a tense election year, and social justice movements for racial justice and equality, and everyone has strong opinions about a lot of things. We’re seeing social media bring people together and raise awareness about important items. We’re also seeing it bring out hate and racism. If employees post or contribute to racist content on social media, how should a manager respond? Does it matter if the employee wasn’t working at the time? What social media guidelines can and should you have about this? Let’s sort through it.
First, you can (and should) discipline or fire an employee for posting racist content on social media, and we’re seeing this happen. An employee in Florida was fired for a racist Instagram video, and a manager in Virginia was fired for making an “insensitive post” about Black Lives Matter. Behavior that’s insensitive, discriminatory, or harassing is an issue too, even if it happens outside of work, as most of us are familiar with Amy Cooper being fired after a video went viral of her falsely telling police that an African American man was threatening her after he asked her to put her dog on a leash.
Employers should have social media guidelines that prohibit employees from posting or contributing to racist content on social media. This is one of the ways to address racial prejudice in the workplace. Here’s where to start:
Decide why having an expectation is important to you. Given you’re entering the realm of off-duty conduct and personal social media, your employees will want to know your motive, regardless of their feelings about this particular topic. So, be prepared to articulate it. The answer isn’t automatic – it will be different for each company because it needs to reflect your values. The reason should not be because it’s a way to control your employees. It also shouldn’t be because it’s popular right now.
Your expectations of your employees should tie in to your company’s identity and values. For instance, if respect is one of your core values, then prohibiting racist social media behavior could tie in very well with that.
Know the laws so you can explain them. Many people incorrectly think they can post whatever they want with no consequences because they have “free speech.” The First Amendment doesn’t provide that. Here’s what the First Amendment actually says:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
There’s nothing about the ability for a private employer to have expectations of its employees and take action if something that is said violates its policies. Attorney Karen Grider says employers can address social media content that is hate speech toward any protected class, creates a hostile work environment, is threatening, or “damages the company’s clients, customers, or community.” She also notes that, while some states have restrictions on taking actions against off-duty conduct that is legal, this wouldn’t include comments that are racist.
Put the expectations in your policies. Let your employees know what’s expected of them. They may be surprised to know that their off-duty social media behavior can affect their employment, so let them know. It’s not enough to say “don’t post offensive content.” People have varying definitions of what they consider “offensive,” so outline the expectations. If you don’t have a Social Media Policy, the easiest thing is probably to look at your Code of Conduct or your Anti-Discrimination and Anti-Harassment Policies and add the social media guidelines there. For example, it could look like this:
“Employees are expected to treat each other with respect. Disruptive and inappropriate behavior is prohibited, such as negative comments toward any protected class (including race, color, religion, sex, national origin, disability, and sexual orientation), behavior that creates a hostile work environment, threats toward others, and acts or behaviors that reflect unfavorably on the company’s reputation. These expectations can apply to off-duty conduct, including social media.”
Educate employees. Be proactive in letting your employees know the expectations. You may find yourself hesitant because you know some employees will push back and say you’re overreaching and are violating their rights (and they could have this concern even if they personally are opposed to racist views). This is exactly why you need to be proactive. Help your employees see the bigger picture and the reason this expectation is so important. It’s not the time to just send out the policy and wait for the first angry email. This warrants some explanation.
The goal is to help your employees understand how respectful conduct benefits everyone:
- Remind them who you are as a company and your motives for this policy. You’re a company that values people, emphasizes respect for all, etc., so everything else must reflect that.
- You value each and every employee, and you strive to create an environment where everyone feels respected and valued.
- The only way this happens is if we treat others with respect. The way we treat each other matters, and it’s important to keep in mind that this doesn’t end when we walk out of the office. When employees demonstrate respectful speech, it leads to healthy work environments and helps others see the company values in action. Publicly making racist remarks, even outside of work, can negatively affect coworkers and the work environment, and can call into question the values of the company.
- Negative remarks made about someone’s race aren’t acceptable at work, so they aren’t acceptable outside of work. Same thing with harassment, discrimination, and threats. These behaviors devalue individuals and can create uncomfortable and even hostile work environments. That is unacceptable and contrary to the values of the company.
Try as best you can to bring your employees along on this journey and help them see the benefits of treating others with respect. Help them see the harm of racist behavior. Ask some of your Black employees to share how racist speech and conduct has affected them personally. (Offer the option to remain anonymous if they prefer.) Hopefully, this leads to reflection and greater understanding of the impact of words and actions.
However, as we all know, we can’t control anyone else’s beliefs. Employees don’t tend to take kindly to thinking their employer is trying to control what they believe, so you may need to remind your employees that this isn’t about their beliefs – that always remains their personal decision. This is about conduct that affects the workplace. If you have employees who still cannot be reasoned with, let them know (nicely and directly) that they’re free to do what they choose and the company is free to follow its policies.
Ultimately, it’s important for employers to outline social media guidelines so that employees know what the expectations are. Employers can discipline employees for racist social media content, and you should establish guidelines surrounding this. Doing so reassures Black employees as well as all employees that you take respect seriously, and it prepares you to address any infractions. As a result, you have employees and coworkers who feel valued, leading to healthier workplace environments and positive cultures, which results in a greater desire and ability to accomplish goals and be a truly successful company that makes a positive difference in your community.
Photo credit: By Nicolas Menijes / Canva
