Tip of the Month, October 2010 - E-Discovery and Social Media
29 October 2010
Mayer Brown Newsletter
Scenario The Equal Employment Opportunity Commission (EEOC) files a discrimination action against a multinational organization in federal court on behalf of employees who claim ongoing emotional distress caused by a hostile work environment. The organization receives a discovery request from the EEOC seeking the production of the personal Facebook and MySpace profiles of the employees accused of the discriminatory acts. The discovery request seeks the accused employees complete social media profiles, including their status updates, wall comments, photographs and activity streams.