Employers usually may fire workers for posting racist content on social media, just as they can fire employees for making racist comments in the workplace. But when disciplining workers for offensive posts, employers need to ensure that they are following state laws and the National Labor Relations Act (NLRA), and that discipline is applied consistently.
Many private-sector employees operate under a misunderstood notion of free speech, so it’s important for employers to educate employees, said Katrina Grider, an attorney with Ogletree Deakins in Houston. “Companies can hold employees accountable for their social media conduct,” she said. But, as a matter of fairness, “employees need to be educated about their responsibilities and the consequences of their social media conduct and activities.”
