Contributor Highlights

Maria Walsh

Social Media Postings in Sexual Harassment Litigation

Sexual harassment litigation typically involves accusations of unwelcome sexual conduct or comments in the workplace. Sometimes allegations are simply denied. More often, however, defendants assert that plaintiff either welcomed or wasn’t offended by the alleged conduct or comments. Increasingly, an important evidentiary weapon in this battle comes from social networking postings, such as tweets, Facebook status posts, private messages, etc. At some point in the mutual mud-slinging, counsel find themselves debating the admissibility of the postings.