Accessibility Tools

Skip to main content

What Does Your Social Media Presence Say About Your Company?

Written on .

I was looking around a popular business-oriented social media site, and the content that some companies posted caught my trained employment lawyer’s eye. One, in particular, posted a lot of photos of employees who were all uniformly young (in their 30s and younger), energetic, and white.

I see a couple of issues here. First, what kind of message is this company sending to prospective employees? The message certainly appears to be that they only hire able-bodied young white employees. In this highly competitive employment market especially, it is not in a company’s best interest to discourage entire groups of people from even applying for available jobs.

Second, these social media posts could be used as evidence in a discrimination case. For example, if an African American employee files a lawsuit for employment discrimination, I could see the plaintiff’s lawyer offering the social media posts as evidence that the company does not value diversity, or that it does not value persons in protected classes. Because if the company valued those folks, it would include them in its public presence, right?

Think of your company’s social media presence as evidence that can be used in your favor or against you. That “youthful vibe” could be used as evidence of age discrimination. That “tough, macho vibe” could be used as evidence of gender discrimination. In other words, if you are not careful, your vibe could be the thing that attracts a lawsuit against your company.

The takeaway: Inclusivity is the key to attracting and retaining the best talent in this job market. Make sure that your social media presence isn’t repelling entire classes of applicants or attracting lawsuits.

Kathleen J. Jennings
Kathleen J. Jennings
Former Principal

Kathleen J. Jennings is a former principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. She defends employers in employment matters, such as sexual harassment, discrimination, Wage and Hour, OSHA, restrictive covenants, and other employment litigation and provides training and counseling to employers in employment matters.

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

webinar promo graphic: Religious Accommodations

Sometimes We Just Have to Talk About It: Navigating New Rules on Religious Accommodation

Join us for an informative webinar where we dive into recent Supreme Court decisions that address the often delicate issue of religious a...
webinar promo graphic: avoid forced unionization card

How Employers Can Avoid Forced Unionization Through the New NLRB Card-Check Case

On August 25, 2023, the NLRB issued an extremely important ruling basically forcing a union on employers who have committed any unfair la...
person handing a card to another, indoors with a window in the background

New NLRB Case Forces “Card-Check” Analysis on Employers

Probably no National Labor Relations Board (NLRB) concepts scares employers more than the concept of the “card-check.”  This is a concept...
bird caught fish, in water

Employers Caught in the Middle for Attacks on DEI Programs

As a result of the Supreme Court ruling on affirmative action in college admissions, employers seem to be caught in the middle in the deb...
woman at a computer sitting at the desk indoors

Big Labor Is Front Page

Big labor is flexing its muscles, and the nation should be concerned.  While the most pro-union President in history touts organized labo...
pages of a book fanning out, indoors

NLRB Sets Forth New Standard for Judging Legality of Handbook and Other Employer Policies

Employers have been long awaiting the Biden National Labor Relations Board's (NLRB's) view of what types of employer handbook and other p...