From Florida:
Question: Say an employee makes a sexist remark about a female Major on WhatsApp, a private chat set up by eight police officers, and it can only be viewed by the eight police officers. One of those officers screenshots the message and sends it to his command staff. Can he be disciplined for it?
Answer: Private text/messaging chains are a common source of problems for employee discipline. The question whether private off-duty activity can form the basis for discipline will generally turn on the extent to which the comment impacts the employer. Arbitrators will describe this as a review of the “nexus” between the off duty conduct and the job. Text chains are particularly problematic, because otherwise private comments can become public if they are forwarded or “screenshot” to the employer. Whether they will remain private is a case-by-case determination that will depend on several factors, which you should review with your local legal counsel. But the fact that LRIS regularly reports on text-chain cases indicates that such comments often result in discipline and that officers should be very wary of participating in those forums.
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