Kimberly Hester, a teacher's aide at Frank Squires Elementary School in Cassopolis, Michigan, was suspended due to a questionable picture on her Facebook page, which she wouldn't allow her employer to see.
In April 2011, Hester posted a picture of a co-worker that showed nothing but a pair of pants around her ankles and a pair of shoes. There is nothing pornographic in the picture, such as genitalia or inappropriate gestures. A parent, who was friends with Hester on Facebook, told the school about the questionable picture.
Days later, Lewis Cass ISD Superintendent Robert Colby pulled Hester aside into his office and confronted her about the picture. Colby reportedly asked Hester for access to her Facebook page three times, where Hester denied this access each time.
According to Hester, the picture was not taken at work. It was on her and the co-worker's own time, out of school.
Still, Hester was put on unpaid leave. She received a letter from the Lewis Cass ISD Special Education Director saying, "...in the absence of you voluntarily granting Lewis Cass ISD administration access to your Facebook page, we will assume the worst and act accordingly."
With so many issues regarding Facebook privacy from employers arising, Democratic Congressman Ed Perlmutter introduced an amendment to section H.R. 3309 last week, which would have allowed the Federal Communications Commission (FCC) to step in if employers were to ask for online social networking information or access. However, the proposed amendment was shot down quickly.
I guess employers can do whatever they want. If you are a teacher with a Facebook page you better take note.