Monday, August 23, 2010

Discovery of Facebook allowed in sexual harassment case
Jackson Walker LLP
John Koepke
USA August 17 2010

A recent discovery order in the case of EEOC v. Simply Storage Management in the U.S. District Court for the Southern District of Indiana discussed how much information from social network sites is discoverable to an employer defending a sexual harassment claim.
Two females claimed that they were subjected to sexual harassment during their employment with Simply Storage. The Equal Employment Opportunity Commission filed a complaint on their behalf.
Simply Storage’s request for production of documents included requests for “all photographs or videos posted by claimants or anyone on [their] behalf on Facebook or MySpace [from the beginning of their employment to the present],” and requested all “updates, messages, wall comments, causes joined … activity streams … and applications for the same time period.”
Simply Storage asserted the requests were proper because the EEOC had placed the “emotional health” of the women at issue by claiming that the women had sought “medical treatment” for anxiety stemming from the alleged sexual harassment and become “depressed and suffered from post traumatic stress disorder.” The EEOC argued that “production should be limited to content that directly addresses or comments on matters alleged in the complaint.”

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