Former employee’s private social media not so private after all

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.

In her complaint, Davis alleged her termination caused her personal, physical, and emotional distress, as well as economic loss; humiliation; and career, family, and social disruption. She further alleged the discrimination caused physical manifestations, including migraines, insomnia, and worsening of diabetes and blood pressure.

During discovery, Disability Rights demanded copies of Davis’s private social media accounts and subpoenaed her personal cell phone records. She asked the court to oppose the request, arguing she had a legally protected privacy interest in those records.

Trial court’s decision