The Path to Paperless

MySpace in the Workplace

You should have a policy to police social media.

By Peter J. Polack, MD, FACS

Recently I received a “friend” request on Facebook from one of our employees. I spoke with her and explained that it probably wasn't appropriate for the doctors to be sharing photos and personal information with the staff— and she was quite understanding on the matter.

I had also heard horror stories from other businesses regarding the use of social media in the workplace, so I decided to check out our practice's formal policy on electronic communication between the doctors and staff. Unfortunately it turned out that we didn't have one.

Social Media Can Be a Trap
After discussing with our administrator the need for some sort of policy in writing, we consulted with Robyn Hankins (www.hankinsator.com), an attorney specializing in labor and employment law. We often call on Ms. Hankins for a variety of issues, from contractual issues to helping us understand such things as the Family Medical Leave Act.

She pointed out that the problem with social media (such as Facebook, MySpace, Twitter, etc.) is that often the content of the communication is unrelated to what would commonly be seen in the workplace.

The concern is that if that communication is between a supervisor and an employee, it could open up claims of harassment or discrimination. An example would be a doctor who has posted his vacation pictures in which he happens to be wearing a bathing suit, and his social media site is shared with some female employees. One of them could possibly be offended by the ‘suggestive’ nature of the photographs and complain of sexual harassment.

Yes, this sounds a bit extreme perhaps, especially to any doctors out there who have always been close to their staff— dinners, vacationing, happy hour at a local bar. But Ms. Hankins pointed out that she has even seen cases where subordinates have intentionally invited their superiors, looking for a reason to sue the practice. She told us that easily nine out of 10 cases of sexual harassment are brought by someone who was considered a “friend” of the accused.

Head Off Harassment Charges

In addition to having a written policy against the use of personal e-mail or social media communication between employees and their subordinate employees, you should also have a sexual harassment or general anti-harassment grievance process. This is for any employee who feels he or she has been harassed by a fellow employee, even if this has occurred outside of the workplace or on a social media site. Otherwise, the practice could be held accountable if the employee feels that there is no remedy to the problem.

When dealing with communications between doctors and their employees in digital media, oftentimes the context can be lost. What might be considered perfectly innocent on face value can be misconstrued as suggestive or harassing. And in case you think that most of these things will just blow over in time, realize that there is a permanent electronic record of every kind of message posted on these social media sites. So, long after you are retired, your grandchildren will be reading every one of your potentially embarrassing tweets or Facebook wall posts.OM

Next: Meaningful Use of EMR

Peter J. Polack, MD, FACS, is co-managing partner for Ocala Eye, a multisubspecialty ophthalmology practice located in Ocala, Fla. He is also founder of Emedikon, an online practice management resource for physicians and administrators.