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Posts on Message Boards Carry Enough Weight to Sway the Court

The Court found Pamlab liable in a sexual discrimination case as a direct result of messages on the CafePharma website. The Cafepharma message boards were created for pharmaceutical professionals to discuss different issues however, it has essentially become an evidence pool for plaintiffs' counsel. Several cases have already been won by the production of messages from the Cafepharma message boards. The postings are not considered confidential and therefore, are subject to Sexual discrimination which is based on gender, in accordance with the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.)

Two female employees Carleen Black and Kace Whitaker of Pamlab, a medical foods manufacturer, sued the company for sexual discrimination. Both employees found themselves victims of online gossip. Despite the anonymity of the posters, the messages regarding the women's breasts and personal sexual lives were all subject to public scrutiny by their co-workers. It was readily apparent that there were no filters, no discretion and no limits on the content of the messages regarding the two female employees. Accordingly, the Court found the employer was legally obligated to protect their employees from this harassment yet failed to do so.

If you feel that you have been the victim of gender discrimination or that your civil rights have been violated by your employer, please do not hesitate to contact Mark & Galusha, LLC. We can be reached at (908) 626-1001 or 973-440-2311, or simply tell us your story by clicking the "contact us" page. Mark & Galusha, LLC, are experienced attorneys serving Saddle Brook, Hillsdale and all of Bergen County, New Jersey.