EEOC Says Social Media Discovery Scares Plaintiffs Away

Law360, Washington (March 12, 2014, 6:37 PM EDT) -- The U.S. Equal Employment Opportunity Commission voiced concern Wednesday that employers' broad social media discovery requests in employment litigation could deter individuals from participating in systemic litigation.

According to EEOC commissioners and attorneys, many employers in discrimination and unfair termination suits burden individual plaintiffs with excessive discovery requests that delve into their personal social media use, even going as far as requesting user IDs and passwords.

Although employers may be able to glean some evidence into plaintiffs' apparent emotional state at the time of alleged misconduct,...
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