The impact of social media on employment claims was a hot topicat the most recent International Conference of the ProfessionalLiability Underwriting Society in San Antonio.

During a panel discussion titled “EPLI Watch Out! Hidden Risksof Employment Discrimination Claims,” Mercedes Colwin, managingpartner for Gordon & Rees in New York, opened the discussionwith a video presentation, the highlight of which was a frequentlyviewed YouTube posting—the one showing Burger King employees takinga bath in a utility sink.

Not all her examples were that revolting (okay—the Domino'spizza worker stuffing cheese up his nose had a similar effect), butthe common thread was that each video “was filmed during workhours,” she observed, stressing the need for companies to putmultimedia- and Internet-usage policies in place.

Other speakers highlighted ways that social media hurtsemployers and their EPLI insurers.

• Activities Outside The Office

Ed Moresco, vice president of Allied World U.S., advised EPLIunderwriters: “Derek Fenton is a name we should become familiarwith,” referring to a N.J. Transit employee who on his day off—notwearing anything related to N.J. Transit—burned pages of the Koranduring a protest against the Ground Zero mosque.

The video went viral, and Fenton was terminated for violatingN.J. Transit's code of conduct. “Where this will become interestingis the ACLU brought a suit on his behalf,” Moresco said. “This issomething we need to be concerned about because it took placeoutside the work area.”

• Office Romances Revealed

Moresco said Facebook is putting a new spin on EPL claims, whena third party learns that two co-workers are dating—not from aworkplace disclosure, but on the pages of Facebook.

“Where this becomes interesting is when a third party, a fellowemployee, then brings a suit because she feels that she's in ahostile work environment because these two are dating,” he said,noting that he's seen such a situation come through as an EPLclaim.