Social Networking and Employment Law

Posted on October 6, 2008 05:04 by Karen Glickstein

It seems fitting to blog about the use of social networking sites—and other internet applications that contain information about an individual’s personal life—in hiring and other employment decisions.  After all, the internet has changed the way most of us communicate—and has certainly changed the way employers conduct business.

As human resources departments focus more on insuring that a potential employee is a “fit”—not only for the standard qualifications of a position but also with the corporate culture of a particular company—recruiters and hiring managers may be more tempted to “surf the net” in hopes of finding good “information” about a potential new hire. 

A plethora of possibilities exists for an employer attempting to find either a potential applicant or more information on a particular applicant.  While “professional” websites such as Plaxo and Linked In may be the answer to a recruiter’s dream, other more “social” websites (MySpace and Facebook) may provide an employer with more than the hiring manager really wants to know.

Employers who rely on the internet to learn about an applicant will want to insure that policies are in place regarding proper use of internet background checking.  While information from a website may, at first blush, seem like a good way to avoid a later negligent hiring lawsuit, that same search could serve as the basis of a failure to hire claim if the individual viewing the website observes pictures which reveal information about an individual’s age or race, or uncovers a blog showing that the individual has in the past battled a particular chronic medical condition.

For more information about the pros and cons of using the internet and social networking sites in the hiring process, see view Social Networking and Employment Law.pdf (45.73 kb)

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