Can my employer use my photos to promote itself ?
Johnny C. Taylor Jr.
Question: My employer has utilized some of my photos on their social media and website to promote their business. I was never notified or asked for permission. Should they be allowed to use my images without my permission and compensation? – Marvin
Answer: Your employer may be able to use the images found on your social media platforms. In the age of Facebook, Instagram and X, it’s a common practice for individuals and organizations to repost others’ photographs and images.
No federal law prohibits an employer from using an employee’s photo for business purposes. However, many states have statutes commonly known as “right-of-publicity” or “right-of-privacy” laws. In some states, they may be addressed as “unfair competition” or “personality rights.” These state laws prevent using an individual’s name, image, voice, photo or “likeness” for commercial purposes without prior consent from the individual. I recommend you review your state laws to see if the use of your social media photos falls under its statutes.
Social media platforms are not considered public domain, and the use of your photos could also be limited by copyright laws or the platform’s terms and conditions. Copyright laws protect the photographer and will likely not apply to photos you appear in unless they are selfies.
Legal remedies aren’t always the most prudent or practical solution to disputes between two parties – in this case, you and your employer. Indeed, if you have a problem with your employer using your photos, you can always let them know. They should be willing to respond to a respectful and reasonable request.
Special to USA TODAY
to be available to work at night if called upon. I informed the company during my interview that I could not see to drive at night. They could not find any fault with my work, so they used my inability to drive at night as cause for my termination. Is this a case of discrimination? – Powell”
Answer: Losing a job is never easy, and it can be incredibly disheartening when you feel as though you were performing well and the termination was unjustified. To answer your question, it could be a case of discrimination, but it will depend on the facts and circumstances.
Under The Americans with Disabilities Act, employers with 15 or more employees must engage candidates and employees in an interactive process to determine if they are “qualified individuals,” meaning “an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.”
Determining whether a reasonable accommodation exists would likely include obtaining medical documentation from you or your physician.
Johnny C. Taylor Jr. is president and CEO of the Society for Human Resource Management and author of “Reset: A Leader’s Guide to Work in an Age of Upheaval.” The questions are submitted by readers, and Taylor’s answers have been edited for length and clarity.