ethics case studies - eatrightpro

Ethics Case Studies Impact of Social Media

10/20/13: Final

The following nine case studies were developed by the Academy/CDR Ethics Committee as a

result of a FNCE session done on this topic in 2012. The purpose of these case studies is to

create a discussion about the impact of social media on the work of the RDN, DTR and other

food and nutrition practitioners. These case studies can be used by educators with students and

interns or by clinical nutrition managers with their staff members or by a district president with

local members.

If you have any feedback on the case studies presented or you have a new scenario for

consideration by the Ethics Committee, please send an email to [email protected].

mailto:[email protected]

Printed 11/5/2013 of 20

Case Study #1 An intern applicant posted negative remarks on Facebook about an internship for which she had applied. The negative

comments were focused on the policy for professional dress as

an intern. After the director saw the comment, the student was

not selected for the internship.

Questions for Discussion

Is the situation described an ethical issue?

Or, is it a business dispute?

It appears to be both an ethical and legal issue. However, there

are two considerations that are paramount in this case and in

other cases like this:

1. Was the negative comment the reason why the

individual was not selected to that internship?

2. How did the director access the information? Was it

in the public domain or was it accessed through

another venue?

From a legal perspective, one would need to consider if the

information was legally obtained and was it a lawful use of the

information and from an ethical perspective, was there a

failure to implement Fundamental Principle # 1 and/or # 19.

Note: Student members of the Academy must adhere to the

Code of Ethics; however, students who are not members are

not subject to adherence to the Code. All students enrolled in

an ACEND Accredited DPD Program are educated about the

Code and it application.

What principle(s) of the Code of Ethics

does it relate to and how/why?

Indicate the Category for the Code of

Ethics

Indicate the Principle(s) of the Code of

Ethics

Fundamental Principles # 1 and #19.

Principle #1: The dietetics practitioner conducts

him/herself with honesty, integrity, and fairness. Principle

#1 relates to the Academy’s value of integrity and addresses

attributes and behaviors that should characterize all

professionals, including students who are preparing to become

dietetics professionals.

This speaks to the integrity of both the student with regard to

information posted and to the internship director with regard

to how the information was accessed as well as how the

information was used.

Principle #19: The dietetics practitioner demonstrates

respect for the values, rights, knowledge, and skills of

colleagues and other professionals. Principle #19 relates to

the importance of adhering to the Code of Ethics including

postings on social media.

Considerations related to this principle suggest an assessment

of the location of the information: How was the information

used? Was information on a public site? Was the content of

the information posted respectful and applicable to the

application process?

Key Points to Consider Students or interns who are members of the Academy are expected to adhere to the Code of Ethics and this includes

postings on social media.

Internship directors must adhere to the Code of Ethics and

serve as models for the students/interns.

Printed 11/5/2013 of 20

Consider that information on Facebook is considered to be

public domain and available for viewing.

Consideration of what is posted, where it is posted along

with how is the information accessed and how is that

information utilized.

Legal Implications:

If the information was publically available, the intern

applicant would have very little legal protection here. The

rights to free speech are not as broad and generally would

not apply in this case.

There are Two Exceptions: The National Labor Relations

Act, which protects certain employee comments about

employers, even when made publically; and Whistle

Blower laws, which protect certain statements exposing

unlawful acts. For more information about these

exceptions, it would be prudent to consult with legal

counsel.

Also note that federal and state laws prohibit unauthorized

access to certain information stored or transmitted

electronically. Accordingly, employers should be very

careful to access online material only if they are

authorized to do so.

Ethical Implications:

A lack of respect for the value of integrity and

professional behaviors seems evident in this situation.

Postings on Facebook may have long term negative

implications since once the post is made, the originator no

longer has control over who views it or how it is used.

The situation noted in this case study may create an abundance

of questions regarding the details of the post itself along with

the location of the posted information (public or private

pages), and how the information was even found. In

particular, this case is a reminder to both the applicant and the

internship director of the importance of careful training and

use of social media and the options available for posting and

accessing posts or tweets. It is important to remember that

once information is electronically posted, it is available to

anyone to read.

Resources:

Fornari A. Ethics in Action: Promoting professionalism

through ethical behaviors in the academic setting. J Am Diet

Assoc. 2004; 104:347-349.

Baunstein N. Ethics in Action: Ethical issues for students. J

Acad Nutr Diet. 2012; 112:1253-1254.

Helm J. Ethics in Action: Ethical and legal issues related to

blogging and social media. J Acad Nutr Diet. 2013;

113:688-690.

Ayers E Ethics Opinion: The impact of social media on

business and ethical practices in dietetics. J Acad Nutr Diet.

In press.

Printed 11/5/2013 of 20

Case Study #2 Employee posted negative comments about job regarding

the cleanliness of the foodservice department and the

impact on patient health on Facebook and was terminated.




The situation could have ethical and legal implications.




Ethics


Ethics

Fundamental Principles:


himself/herself with honesty, integrity, and fairness.

Responsibilities to the Public:

Principle #4: The dietetics practitioner complies with all

laws and regulations applicable or related to the

profession or to the practitioner’s ethical obligations as

described in this Code.

The situation warrants that the RD employer complies with

laws and regulations that govern the workplace and treats

an employee fairly.

Key Points to Consider Legal Implications

• A social media posting by employees is a hot topic for

employers.

• The National Labor Relations Board (NLRB) has

brought a number of cases against employers for

terminating employees for making negative comments

about the company online.

• Why does the NLRB care? The NLRB enforces the

National Labor Relations Act (NLRA).

NLRA

The NLRA protects the rights of employees to unionize

and to work in concert to bargain for better wages and

working conditions. This includes conversations with

other employees about low wages, long hours and

terrible bosses.

The NLRA prohibits employers from disciplining or

terminating employees for having these conversations

even if they occur on line.

Exceptions

Employees are not protected when comments made are

unrelated to working conditions. Also, comments that are

untrue may not be protected. Comments that focus only on

the company’s products, services or business practices

generally are not covered.

Ethical/ Business implications for the employer. The

employer

Needs to comply with the NLRA.

Should have a social media policy that defines

prohibited online activities, but does not prohibit

speech protected under the NLRA.

Printed 11/5/2013 of 20

Should proceed with caution before disciplining an

employee for online conduct.

Should treat employees fairly. Was the posting made

off-duty and on a personal computer or was it during

the work day on the employer’s computer?

Should talk with your employees about social media. It

is appropriate to remind employees that good judgment

and common sense apply to online postings.

Resources:

Ayers, Elaine. Ethics Opinion: The impact of social media

on business and ethical practices in dietetics. J Acad Nutr

Diet. 2013; In press.

Federal Trade Commission. FTC Facts for Business.

Bureau of Consumer Protection; Division of Consumer and

Business Education. June 2010. Available at:

http://business.ftc.gov/documents/bus71-ftcs-revised-

endorsement-guideswhat-people-are-asking Accessed on

July 18, 2012.

National Labor Relations Act http://www.nlrb.gov/national-

labor-relations-act

http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking


http://www.nlrb.gov/national-labor-relations-act

http://www.nlrb.gov/national-labor-relations-act

Printed 11/5/2013 of 20

Case Study #3 An internship director is reviewing applications for next

year’s class. Is it legal or ethical to look at an applicant’s

public Facebook or Twitter page and use information s/he

finds there in making her/his decision?




This situation appears to be more of a business issue and an

ethical one rather than a legal issue. From a business

(internship) perspective, these questions should be

addressed: are there written policies that cover the use of

information publicly available on social media sites? What

is expected by the institutional (host) base for the

internship? Was there notice or indication that material

available on social media sites could be accessed during the

evaluation and selection process?




Ethics


Ethics


Principle #1: The dietetic practitioner conducts

him/herself with honesty, integrity and fairness.

Principle #1 relates to the Academy’s value of integrity and

commitment to excellence in utilization of available

information. The value of integrity and fairness would

apply relative to the utilization of available information

with regard to its content and it’s applicability to the

internship.

It would seem an appropriate example of effectively

utilizing information available if it could be used without

personal bias and applied fairly across all applicants. For

more information about this issue, please refer to materials

available in publication and electronically through the

Academy’s web site. Another point to consider relative to

the utilization of available information is the timing with

which the information is accessed.

Responsibilities to Colleagues and Other Professionals:



colleagues and other professionals.

Principle #19 relates to the student’s posting on social

media and their behavior as emerging professionals.

Guidelines for postings on social media and the behavior of

emerging and current professionals suggest it is primarily

the responsibility of the applicant. His/her judgment with

regard to the content of the post as well as the location of

the initial post is important. Postings on public sites are

available for all to access, view and interpret. Respect for

readers, evaluators and others would seem an ethical

consideration worthy of attention under Principle #19.

More specifically, Principle #19b: The dietetics

practitioner provides objective evaluations of

performance for employees and coworkers, candidates for employment, students, professional association

Printed 11/5/2013 of 20

memberships, awards, or scholarships, making all

reasonable efforts to avoid bias in the professional

evaluation of others.

Principle #19b is especially pertinent to the Academy’s

commitment to providing objective evaluations of students

and candidates without bias. Evaluation of applicants for

internships should have clearly delineated and available

guidelines regarding the criterion used for the selection

process. Therefore, the onus on the evaluator is to adhere

to those guidelines without bias in regard to the 'fit' of the

applicant into the internship and potential for success in

that environment.

Key Points to Consider The legality of viewing the information is in question,

the possible mis-use of the information is the concern.

Internship directors should understand the policies of

the internship sponsor.

The appearance of bias or conflict must be considered. Objective evaluation of candidates with every effort

taken to avoid bias is critical in the internship

decisions.

Legal Implications:

It is legal to view information that is publicly available.

Ethical Implications:

Three considerations are applicable to this case study based

on the Fundamental Principles #1, #19, and #19b as noted

above. Consider more closely each of these noted above

and their contribution to clarity for the internship director

as well as the posting of information by students.

In summary, employers are permitted to use publically

available and other lawfully obtained information to learn

more about their applicants. This is a routine practice and it

gives employers an opportunity to see how a potential

employee will conduct themselves. And employers may use

this information to make employment decisions. However,

it is unlawful to make employment decisions based upon

personal characteristics such as age, race, military status,

religion and health. Accordingly, employers should not

only be careful how they obtain information about

applicants, but also how they use the information they

obtain.

Key Points to Consider:

How carefully is the information to be used?

The internet search may reveal personal information about the applicant’s health, race, religion, age, military

status, parental status, etc.

Federal and state laws prohibit making certain

employment and educational decisions based on these

personal characteristics noted above.

Printed 11/5/2013 of 20

Recent Example:

Applicant bragged about his recent drug use on his public

Facebook page. Employer denied employment based upon

applicant’s comments.

Applicants and employees generally are not protected

when they disclose evidence of current criminal

activity.

Note state laws and EEOC actions regarding prior

arrests and convictions.

Resources:


blogging and social media. J Acad Nutr Diet. 2013;

113:688-690.

Baunstein N. Ethics in Action: Ethical issues for students. J

Acad Nutr Diet. 2012; 112:1253-1254.

`

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Case Study #4 A department director is interviewing several well-qualified

candidates for an RD position in a large wellness program.

The position will require good oral and written skills in

dealing with the public and media. A colleague mentions

she is a Facebook friend of one of the applicants. Would it

be okay for the director to ask the colleague to view the

applicant’s personal Facebook page?




This situation raises ethical and possibly legal issues.




Ethics


Ethics

Fundamental Principle:

Principle #1. The dietetics practitioner conducts



Principle #19:The dietetics practitioner demonstrates



a. The dietetics practitioner does not engage in

dishonest, misleading, or inappropriate business

practices that demonstrate a disregard for the

rights or interests of others.

Accessing private information - including unauthorized

viewing of an electronic medical record, private Facebook

page, or even personal notes is dishonest, disrespectful and

violates the rights and trust of colleagues and other

professionals.

Key Points to Consider 1. Viewing publicly available information Employers may legally access an applicant’s Facebook

page that is publicly viewable.

However, be careful about how the information is used.

Facebook pages often reveal personal attributes that are

protected by federal and local antidiscrimination laws,

such as disability, age, marital status, race, religion,

ethnic background and sexual orientation.

2. Gaining access to password-protected information

through another person

Use of information that is not publicly available is

risky. Viewing restricted content by looking over

someone’s shoulder or asking an applicant’s Facebook

friend for access is problematic and would be an

invasion of the account owner’s privacy rights.

Accessing another person’s private Facebook account

without permission could also be unlawful and may

violate federal statutes that protect digital

communications. For example, the Electronic

Communications Privacy Act (ECPA) and the Stored

Communications Act (SCA) prohibit intentional access

to certain electronic information without authorization.

Printed 11/5/2013 of 20

The RD employer should not ask potential employees

for Facebook passwords. In 2012, Facebook warned

employers not to ask job applicants for their Facebook

passwords and threatened legal action against those that

violate its longstanding policy against sharing

passwords. (Reference: Erin Egan. Facebook

“Protecting Your Passwords and Your Privacy. March

23, 2012. http://www.facebook.com/notes/facebook-and-

privacy/protecting-your-passwords-and-your-

privacy/326598317390057)

Unless the information is freely accessible, the RD

should gain access only if he can do so lawfully and

with permission.

3. Stealing a password

Hacking into another person’s e-mail is illegal.

Recent Example: An employer was disciplined after accessing an employees’

private site without permission. Employees set up an

invitation-only site. The employer coerced another

employee into revealing the password. The court found

that the employer violated the federal Stored

Communications Act and state law by improperly accessing

the private site.

Resources:

Ayers, Elaine. Ethics Opinion: The Impact of Social Media

on Business and Ethical Practices in Dietetics. . J Acad

Nutr Diet. 2013. In press.

Fox, M. Legal Risks of Social Media: What Dietetics

Practitioners Need to Know. J Acad Nutr Diet. 2012; 112

(11):1718-1723.

Rhonda Smith, Donald Aplin. Employers should tread

carefully in asking for Facebook, other social media

passwords. Bloomberg BNA, April 3, 2012. http://www.bna.com/employers-tread-carefully-n12884908782/.

http://www.facebook.com/notes/facebook-and-privacy/protecting-your-passwords-and-your-privacy/326598317390057



http://www.bna.com/employers-tread-carefully-n12884908782/

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Case Study #5 An RD consultant receives a free package of cereal in the

mail from a cereal company for which she serves as a

consultant. The RD consultant writes a blog about this

cereal’s health benefits for her personal web site, where she

has listed all her current clients on the “About Me” page.

Does she need to disclose the free cereal she received in the

blog itself?




This situation raises ethical issues.




Ethics


Ethics

Responsibilities to the Profession:

Principle #15: The dietetics practitioner is alert to the

occurrence of a real or potential conflict of interest and

takes appropriate action whenever a conflict arises.

Principle #18: The dietetics practitioner does not invite,

accept, or offer gifts, monetary incentives, or other

considerations that affect or reasonably give an

appearance of affecting his/her professional judgment.

Product promotions can frequently create the perception of

a conflict of interest when the RD receives a benefit,

however small, from the company.

Accepting gifts may be problematic because it creates

relationships that may bias the RD’s judgment about the

relative merits of different products.

Key Points to Consider Legal and Ethical Implications

• Accepting gifts from industry risks compromising

professional objectivity and integrity and may

undermine the RD’s fundamental ethical commitment

to put the interests of clients first.

• When it comes to conflicts, perception is as important

as reality. If readers believe a professional has a

conflict of interest, the person will lose credibility.

• Organizations commonly allow employees to accept

unsolicited gifts of low market value (e.g. less than

$20), so most readers would not consider accepting a

box of cereal a conflict. However, promoting the cereal

in a blog could be perceived as a conflict of interest,

given the RD’s business relationship with the company.

• The RD should disclose the consulting relationship in

the blog, not just in the “About Me” page, which

readers might not see. The disclosure should be clear

and conspicuous, understandable by the average reader,

and clearly visible within the relevant content.

Disclosures that are not presented in plain view can

create the appearance that the writer is trying to hide

something. (EXAMPLE: “My client, company name,

sent me free products/coupons”).

Printed 11/5/2013 of 20

• Consider developing and posting a specific policy

about accepting gifts.

Resources:


on Business and Ethical Practices in Dietetics. J Acad Nutr

Diet. 2013. In press.

Helm, Janet. Ethics in Action: Ethical and Legal Issues

Related to Blogging and Social Media. J Acad Nutr Diet.

2013; 113:688-690.

SocialMedia.org Disclose Best Practices Toolkit.

http://www.socialmedia.org/disclosure/.

Federal Trade Commission. FTC Publishes Final Guides

Governing Endorsements, Testimonials. Last modified

October 21, 2009.

http://www.ftc.gov/opa2009/10/endorstest.shtm.

Federal Trade Commission. FTC Facts for Business. The

FTC’s Revised Endorsement Guides: What People are

Asking. June 2010.


endorsement-guideswhat-people-are-asking.

BlogWithIntegrity. http://www.blogwithintegrity.com/

RDsRDisclosure. http://rds4disclosure.org/

Word of Mouth Marketing Association. Social Media

Marketing Disclosure Guide. August 2012.

http://www.womma.org/ethics/sm-disclosure-guide .

http://www.socialmedia.org/disclosure/

http://www.ftc.gov/opa2009/10/endorstest.shtm



http://www.blogwithintegrity.com/

http://rds4disclosure.org/

http://www.womma.org/ethics/sm-disclosure-guide

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Case Study #6 Ann RD appears on a national morning show and makes a

positive comment about Betty RD’s client’s product within

the context of a larger interview. The client asks Betty RD

to post the link to the interview on her social media outlets.

Does Betty RD need to disclose her affiliation?








Ethics


Ethics





This situation relates to this principle because the RD

works for the client and posting information without

disclosing affects the RD’s credibility.


• Sometimes the best way to avoid the appearance of a

conflict is disclosure.

• If you disclose a relationship proudly, no one can

accuse you of trying to hide anything.

• Example: “Follow this link to hear the great comments

made about the wonderful products made by my client,

XYZ cereal. I could not be more proud to represent

them.”

Resources:



Diet .2013; In press.






July 18, 2012.

Federal Trade Commission. FTC

publishes final guidelines governing endorsement,

testimonials. Last modified October 21, 2009.



blogging and social media. J Acad Nutr Diet. 2013; 113:

688-690.

RDs4Disclosure http://rds4disclosure.org

SocialMedia.org’s Disclosure Best Practices Toolkit 2011.

Available at: http://www.socialmedia.org/disclosure/

Accessed on July 18, 2012.





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Word of Mouth Marketing Association. Social Media

Disclosure Kit. 2010. Available at:

http://womma.org/ethics/disclosure/ Accessed on July 18,

2012.

http://womma.org/ethics/disclosure/

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Case Study #7 John RD who is employed by an acute care facility has

been recommending specific products in social media and

has identified himself as an employee of the institution in

making these recommendations. The facility’s nutrition

handouts have a disclaimer that any use of brand names is

for teaching purposes only and not an endorsement by the

hospital. Is it ethical for the John RD to recommend

specific products in social media if he is not following his

employer’s mandate to only recommend brand names in

teaching situations?



Or, is it a business dispute? This situation presents an ethical issue and potentially a

legal issue if he is non-compliant with her terms of

employment.




Ethics


Ethics

Responsibilities to the Public:

Principle #6b: The dietetics practitioner promotes or

endorses specific goods or products only in a manner

that is not false and misleading.








This scenario relates to the RD’s responsibility to be

truthful and transparent when making an endorsement and

to be aware of and comply with the employer’s social

media. It also relates to the responsibility to be honest

about whom he is representing when communicating on

social media about topics that are related to the business of

his employer/organization.


Employees should not make endorsements on behalf of

their employer unless they are specifically authorized to

do so.

The organization should have a social media policy that

includes endorsements. Most organizations’ policies

prohibit employees from using their official position or

authority to endorse products or services on behalf of

the employer without specific permission.

When an RD is communicating on social media on

behalf of an organization or on topics related to the

business of the organization, the RD should disclose

their title and position, the name of the organization

they work for, and any other relevant affiliations.

Printed 11/5/2013 of 20

If the RD writes anything related to the business of his

employer (including recommending a product) on

personal blogs or pages, the RD should disclose that

this is his own opinion and does not necessarily reflect

the opinion of the employer. This should be done in

consultation with the organization and based on the

social media policy.

In addition, the RD should clearly identify his business

affiliation. The disclosure should be clear and

conspicuous, understandable by the average reader, and

clearly visible within the relevant content. (Examples:

an RD could include a username that includes the

organization name, or include a statement in the post or

comment itself, “I work for and this is my

personal opinion.”)

RDs should specifically clarify which post or

comments are their own opinions vs. official corporate

statements. Again, this should be done in consultation

with the organization and based on its social media

policy.

Resources:


on Business and Ethical Practices in Dietetics. J Acad Nutr

Diet. 2013, In press.

Helm, Janet. Ethics in Action: Ethical and Legal Issues

Related to Blogging and Social Media. J Acad Nutr Diet.

2013; 113:688-690.

SocialMedia.org Disclose Best Practices Toolkit.

http://www.socialmedia.org/disclosure/.

Federal Trade Commission. FTC Publishes Final Guides

Governing Endorsements, Testimonials. Last modified

October 21, 2009.

http://www.ftc.gov/opa2009/10/endorstest.shtm.

Federal Trade Commission. FTC Facts for Business. The

FTC’s Revised Endorsement Guides: What People are

Asking. June 2010.


endorsement-guideswhat-people-are-asking.

BlogWithIntegrity. http://www.blogwithintegrity.com/

RDsRDisclosure. http://rds4disclosure.org/





http://www.blogwithintegrity.com/


Printed 11/5/2013 of 20

Case Study #8 Should faculty become Facebook friends with students?

Some of the program faculty believe they need to monitor

what students are saying on Facebook.








Ethics


Ethics








The situation relates to these principles because interactions

with students should be on a professional basis whether in

or out of the classroom.


• Does the institution have internal rules governing this

issue? Does the institution have a social media policy?

• If the institution has internal rules/policies, the faculty

member must follow these guidelines.

• While it is not unlawful to “friend” students, this

practice can pose ethical, legal and practical challenges.

Recent Example:

A student sued her school for failing to accommodate her

alleged mental disability and used Facebook

communications with her instructor to support a claim that

her school knew she was disabled.

Recent Example: A student alleged that she had been sexually harassed by

her instructor and used Facebook messages to prove her

case.

Resources:

Aase S. Toward e-professionalism: Thinking through the

implications of navigating the digital world. J Amer Diet

Assoc. 2010; 110(10):1442-1449.

American Medical Association. Professionalism in the use

of social media. August, 2010. http:///www.ama-

assn.org/ama/pub/meeting/professionalism-social-

media.shtml.




http://www.ama-assn.org/ama/pub/meeting/professionalism-social-media.shtml



Printed 11/5/2013 of 20






July 18, 2012.

Fox, M. Legal risk of social media: what dietetics

practitioners need to know. J Acad Nutr Diet.

20121:112(11):1718-1723.

Greyson SR, Kind T, Chretien K. Online professionalism

and the mirror of social media. J Gen Intern Med. 2010;

25(11):1227-9.


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Case Study #9 Hospital administration has received reports that many staff

members are on Facebook frequently during the work day.

They are concerned about the loss of employee work time

and productivity as employees use work computers and

time to send personal e-mails, play games, and shop, in

addition to visiting social media sites. Can the hospital

monitor employee Internet use at work?




This situation address both ethical and legal issues.




Ethics


Ethics





Principle #19.b: The dietetics practitioner provides

objective evaluations of performance for employees and

coworkers, candidates for employment, students,

professional association memberships, awards, or

scholarships, making all reasonable efforts to avoid bias

in the professional evaluation of others.

This scenario relates to the RD’s responsibility to use the

employer’s resources, including time, equipment, and

services, with honesty, integrity, and fairness. The RD

should use the employer’s resources for work purposes and

utilize these resources for personal purposes as allowed by

the employer. In addition, RD who are employers have a

responsibility to monitor employee performance.

Monitoring how employees spend time, including Internet

use, can provide objective data to support evaluations.

However, no one employee should be singled out for

monitoring. If monitoring is to occur, it needs to involve

all employees to avoid anyone from making accusations of

a hostile work environment.


Employers generally can monitor how much time

employees spend online and can discipline employees

for excessive Internet use. However, it is important to

apply any disciplinary actions consistently.

Employers also generally can monitor what their

employees do online, provided that they first tell their

employees (in writing) that their use of company

computer equipment and services may be monitored

and that they should have no expectation of privacy

when using company equipment or services.

Printed 11/5/2013 of 20

However, employers should be careful what they do

with the information they obtain. Monitoring the

content of employee emails and Internet use can reveal

information about employee health issues, religious

affiliation, ethnic background and other personal

characteristics. Because these characteristics are

protected by federal and local discrimination laws,

employers must make sure they do not use (or appear to

use) this information when making employment

decisions.

Recent Example:

An employer terminated an employee for excessive Internet

use at work. When the terminated employee filed a

discrimination charge, an EEOC investigation revealed that

other employees who spent even more time online were not

terminated.

Recent Example:

The COO and Human Resources Vice President of a large

medical center requested the IT department conduct a one-

week audit of Facebook use by all employees based on the

generally accepted observation that many staff members

were on Facebook all the time. The audit found that

employees spent thousands of hours of work computer time

on Facebook and prompted management to block Facebook

access.

Resources:




Muhl, Charles. Workplace email and internet use:

Employees and employers beware. Monthly Labor Review

Feb 2003, pp 36-44.

http://www.bls.gov/opub/mlr/2003/02/art3full.pdf..

National Workrights Institute. Electronic Monitoring in the

Workplace: Common Law & Federal Statutory Protection.

http://workrights.us/?products=electronic-monitoring-in-

the-workplace-common-law-federal-statutory-protection.

R:\Gov\ETHICS\Ethics Case Studies\New Case Studies Social Media Dec 2012\Ethics Case Studies Social Media FINAL 10 20 13.docx

http://www.bls.gov/opub/mlr/2003/02/art3full.pdf

http://workrights.us/?products=electronic-monitoring-in-the-workplace-common-law-federal-statutory-protection

http://workrights.us/?products=electronic-monitoring-in-the-workplace-common-law-federal-statutory-protection

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