What else does Glassdoor do to protect and defend the anonymous free speech of its users? | Glassdoor
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What else does Glassdoor do to protect and defend the anonymous free speech of its users?

Updated 30 August, 2018
Publicizing Employer Legal Action or Threats By Specific Employers

At Glassdoor, we take steps to alert our members and publicly warn our community if we believe an employer may be inappropriately using the legal system to suppress free speech by threatening or pursuing legal action against our anonymous members. When we receive notice of a legal demand, subpoena, or court filing involving Glassdoor reviews, we consider whether the reviews at issue are squarely within our Community Guidelines. If so, this means that they are squarely within our members' rights to share their opinions and we may respond with one or more of the following if we feel it's appropriate:
  • We may issue a press release about the matter.
  • We may write a blog post on Glassdoor (which may include links to the reviews at issue and the demand letter or court document).
  • We may post the legal demand letter or court document on a searchable database on Glassdoor and/or on lumendatabase.org.
  • We may post an alert about the legal threat or proceeding on the employer's profile page in order to inform others researching the company as a potential employer. 
In addition, employers considering legal action over Glassdoor reviews should be aware that these cases tend to attract media interest - and the resulting coverage invariably draws more attention to the negative reviews an employer is seeking to remove. This phenomenon is well documented outside of Glassdoor and the industry and is named The Streisand Effect.

Anti-SLAPP Funding and User Defense

In appropriate circumstances, we've funded the filing of anti-SLAPP motions on behalf of our users to further protect workers' ability to post anonymous reviews. Anti-SLAPP statutes, in those states that have them, typically provide for early dismissal of the lawsuit and recovery of attorney's fees unless the plaintiff can show a likelihood of prevailing in their action.

In addition, if we find that an employer has presented false evidence in a sworn declaration in support of legal action to obtain user identity from Glassdoor, we reserve the right to pursue legal action against that employer for perjury and may fund the defense of the affected user in the underlying lawsuit. While we can't offer these additional legal protections to every user subject to legal action for anonymous speech on Glassdoor, we believe that by taking this stand in even a small number of cases, we can deter the filing of meritless lawsuits against our users.

Regulatory Action for Unlawful Employee Policies Enforced Against Glassdoor Users

We suggest that employers look into whether or not they are abiding by applicable law as it relates to contract restrictions on speech by employees. For examples, employee policies and contract provisions that restrict the rights of workers to share information with each other about wages and working conditions are unlawful under Federal law as well as various state law (such as this one and this one).

When US employers have taken legal action against our users to enforce employee agreements that unlawfully restrict free speech around wages and working conditions, we've worked with the National Labor Relations Board to require that these employers remediate their unlawful agreements, notify their employees of their protected speech rights, and refrain from seeking to enforce unlawful provisions against employees and ex-employees who have signed the agreements. A true and accurate copy of one such settlement can be found here.


Remember: This FAQ is provided for informational purposes only and does not constitute legal advice. You should not rely upon this information without seeking advice from an attorney who is competent in the relevant field of law.
 

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