June 16, 2026
Social Media, Dress Code, Policy & Practice
An airline attendant is fired after she records a video of herself dancing in her company uniform and posts it on TikTok. Her attorney describes her conduct this way, “[My client], who was overjoyed that her probation would be ending imminently, posted a brief video of herself dancing in the airplane while wearing her uniform to the content-sharing platform app ‘TikTok.’ The video was set to music with some explicit lyrics and was accompanied by dance moves commonly seen across the app.”
Now, the case does not disclose the “explicit lyrics.” The written complaint admits “twerking” is the dance move similar to what the employee did on her video. But it also alleges the employer fired her because of her sex and race, not for violating the company’s social media and personal conduct policies. The complaint includes multiple examples of male employees and female Caucasian employees allegedly posting similar videos on social media platforms, dancing in uniform (or bathing suits), who were not subjected to corrective action or discharge.
This case was filed June 16th. Stay tuned for the decision. In the interim, it is another opportunity and good reminder to ensure you consistently and equitably enforce the policies you have issued. Do you have a social media policy? Does it address employees’ responsibility for what they post, depending upon where, when, and how they post it? If you issue company uniforms, do you have a corresponding policy that instructs employees when and where they may not wear the uniform and what conduct is expected when they do wear it?
Policy Development. Talk to your company’s legal counsel about creating or updating one or more of your policies. Social media is still burgeoning as new platforms develop new capabilities. What are some other considerations? Check out the recording of June’s webcast, “Social Media and Its Workplace Implications.” $25 pp includes a copy of the handout and 1.25 credits pre-approved by HRCI and SHRM. Click here for the agenda and to register.
