Why Can't We Be Friends?: Why California Needs A Lifestyle Discrimination Statute to Protect Employees From Employment Actions Based on Their Off-Duty Behavior

Authors

Jean M. Roche

Abstract

This note explores the employment implications that social networking has on private employees and discusses the need for a lifestyle discrimination statute in California. The note begins with an overview of the increasing use of social networking, both within the employment context as well as within society as a whole. The note then analyzes current privacy protections under federal and California law and contrasts those protections with lifestyle discrimination statutes adopted in Colorado and New York. Ultimately, the note concludes that California should adopt a statute that would provide protection to employees who are terminated for off-duty, off-site behaviors which do not impact a legitimate business interest.

Recommended Citation

Jean M. Roche, Why Can't We Be Friends?: Why California Needs A Lifestyle Discrimination Statute to Protect Employees From Employment Actions Based on Their Off-Duty Behavior, 7 Hastings Bus. L.J. 187 (2011).
Available at: https://repository.uclawsf.edu/hastings_business_law_journal/vol7/iss1/11