Case Study: Former Employee’s Private Social Media Not So Private After All

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A worker sued her former employer for wrongful termination in violation of the New Jersey Law Against Discrimination (NJLAD), claiming the employer’s conduct subjected her to severe emotional distress. On March 16, 2023, the New Jersey Appellate Division ruled her private social media accounts and personal cell phone records are relevant and must be turned over during discovery (pretrial exchange of evidence).

Facts

In January 2020, Norma Davis was terminated as a senior staff attorney with Disability Rights New Jersey. She claimed she was fired because she requested an accommodation based on her lupus and cancer diagnosis.

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