September 18, 2012 ‐ By Tonya Garcia
Any profiles, postings, or messages (including status updates, wall comments, causes joined, groups joined, activity streams, blog entries) from social-networking sites from October 2005 (the approximate date Plaintiff claims she first was discriminated against by Home Depot), through the present, that reveal, refer, or relate to any emotion, feeling, or mental state of Plaintiff, as well as communications by or from Plaintiff that reveal, refer, or relate to events that could reasonably be expected to produce a significant emotion, feeling, or mental state…And they wanted any photos that she was tagged in or posted herself. According to CNET, the request was deemed “too broad” by U.S. Magistrate Judge Suzanne Segal, but she did allow postings about Mailhoit’s job and the lawsuit. We all know at this point that we must be mindful of what we post on social media. Or if you don’t know by now, let me say it plainly: Don’t put incriminating, personal things on your social media sites, especially if you haven’t changed the privacy settings to keep out the roving eyes of potential employers. What qualifies as incriminating and personal? Pictures of you drunk and sloppy at the club. Snapshots of you making out with your boyfriend (or someone else’s boyfriend. OH!). Status updates that use excessive profanity or other language that could be taken the wrong way.
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