Employer's Facebook posts part of bar worker's lawsuit

January 10th, 2011
By Debra Erdley
Pittsburgh Tribune-Review

Employees aren't the only ones who should watch what they say on Facebook.

Employee comments on the popular social networking site became a point of contention in a National Labor Relations Board case in New England last month. Now, a complaint against a popular suburban Pittsburgh sports bar suggests Facebook can just as easily cause problems for employers.

The complaint names the North Park Clubhouse Lounge, which operates under a 2007 consent decree with the Equal Employment Opportunity Commission that aims to prevent sexual harassment.

It alleges tavern managers failed to take action when waitress Audra Harris filed a complaint with human resources against a manager in late September for uttering a sexual slur against her. Harris said a week later she found threatening comments on tavern owner Deborah Maggio's Facebook page that she believes were aimed at her.

Harris resigned the next day, charging the Facebook postings were retaliation for her complaint.

Neither Maggio nor her attorney responded to repeated requests for comment. EEOC officials declined to comment, noting that all complaints are private, pending agency action.

Marcia Hoffman, a senior attorney with the Electronic Frontiers Foundation, a San Francisco nonprofit that champions digital free speech issues, isn't surprised such a complaint would mention Facebook communications.

"People start to forget who all is seeing what they say," Hoffman said. "I think we need an Emily Post for the digital age, someone to step up and say, 'These are the dos and the don'ts,' " Hoffman said.

Claudia Davidson, a Downtown labor law attorney, said the unusual thing about the North Park case is that an employee complained about an employer's Facebook posts, rather than the reverse.

If the allegations are upheld, "the fact that it happened on Facebook doesn't change the substance of it. I think the law is going to have to recognize this is a new means of communications," Davidson said.

David Baker, founder and CEO of Human Capital Advisors, a Sewickley human resources consultant, said employment complaints involving Facebook, which boasts more than 500 million members worldwide, are increasing.

He advises clients to adopt clear policies for managers and employees about their behavior.

"If it streams outside the lines, it streams out of control, and once it's out of control, you can't bring it in. ... You need to be aware if you're (online), the rest of the world can see it, no matter how you try to protect it," Baker said.

According to Harris' complaint, Harris said she was advised against going to the EEOC when she complained to the tavern's human relations director.

A week later, the complaint says, Harris saw a comment from Maggio on her Facebook page that said: "Why do people think and believe it is OK to lie and hurt people that have never hurt or lied to them!" Although she was never mentioned by name, Harris thinks other employees' reactions -- one suggesting that such individuals "should burn in hell" -- were directed at her.

Attorney Mark Schwartz filed the complaint, which seeks sanctions against the tavern for failure to comply with terms of its 2007 agreement. He filed the complaint that triggered the agreement.

The previous case stemmed from allegations that a tavern manager forcibly removed an employee's halter top, exposing her breasts during a golf outing. Court records show the tavern owners agreed to the consent decree and paid the woman $150,000 to settle the suit.

"It's clear there have been continuing incidents and they never paid any attention to the consent decree. This is Animal House 2," Schwartz said.