Are employers allowed to restrict employees' social media usage?
Yes, employers are allowed to restrict employees’ social media usage in Kansas. The state of Kansas recognizes employers’ rights to limit the use of social media in the workplace as long as the policy is applied consistently and prohibits discriminatory and retaliatory enforcement. However, employers should be aware that state law prohibits them from taking disciplinary action against employees just because of their lawful off-work conduct. If an employee’s postings are not related to their work and don’t create a disruption in the workplace, employers may not be able to take action against the employee in Kansas. On another note, employers are prohibited from demanding that employees provide passwords to access their social media accounts or otherwise demanding access to an employee’s social media postings. Social media law is a complex area and employers should discuss any proposed policies with an attorney in order to ensure that they are compliant with state law. Employers should also ensure that their policies are applied consistently and that they do not engage in any discriminatory practices based on an employee’s social media postings.
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