An organization learns that an employee has filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging that she was sexually harassed in the workplace. The organization is aware that many of its employees, including key employees named in the EEOC complaint, use publicly available Instant Messaging (IM) software to communicate with one another while at work. The organization does not have an existing policy governing the use of IM and is concerned that key employees may be engaging in discoverable communications via IM. The organization is now considering whether, and how, to take steps to retain potentially relevant IM communications.
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