Thursday, December 6, 2012

Another Workplace Social Media Disaster . . .

One of the side effects of attending law school is a constant urge to search for legal issues everywhere. So, when a friend sent me this Metzger Cartoon (go ahead, click it and a one panel comic will pop up), I immediately questioned whether Santa was running a lawful workplace.

Do you see the problem? The reindeer pull a sleigh carrying Santa Claus. So, wouldn't Santa's weight impact the terms and conditions of their employment? Aren't Rudolph, Blitzen, Cupid, and Dancer all co-workers? It's no secret that the NLRB has been cracking down on employers who infringe upon employees' protected concerted activity via social media. When employees discuss problems with the terms and conditions of their employment (which they seem to be doing here) they are likely engaging in protected activity under the NLRA.

For bonus points, do you see any defenses? What if Santa's morbid obesity (700 pounds!?) constituted a disability? Could disciplining the reindeer be a lawful step toward preventing hostile work environment disability discrimination?

See how much fun this is!?

Don't forget to vote for Lawffice Space in the ABA Blawg 100!

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