It is a fair bet that many of those reading The Legal Intelligencer have neither a Facebook page nor a MySpace account -- although when our children reach a certain age, they can certainly tell us about them. But electronic discovery is well upon us, and employment litigation is at the forefront of issues involving social networking sites.
A recent discovery order in the case of EEOC v. Simply Storage Management in the U.S. District Court for the Southern District of Indiana discussed how much information from such sites is discoverable to an employer defending an employment discrimination claim.
DISCOVERY SOUGHT
According to the opinion, Joanie Zupan and Tara Strahl claimed that they were subjected to sexual harassment during their employment with Simply Storage. In September 2009, the Equal Employment Opportunity Commission, or EEOC, filed a complaint on their behalf and, after a round of preliminary motions, discovery ensued.
Simply Storage's request for production of documents included requests for "all photographs or videos posted by [Zupan or Strahl] or anyone on [their] behalf on Facebook or MySpace [from the beginning of their employment to the present]." Further, Simply Storage requested all "updates, messages, wall comments, causes joined ... activity streams ... and applications [including ... the 'Naughty Application']" for the same time period.
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Source: law.com
By: Sid Steinberg
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