DRAFT: This module has unpublished changes.
DRAFT: This module has unpublished changes.

DRAFT: This module has unpublished changes.

Now with the knowledge of the statistics of the progression of recruiters using social media to recruit their staff, now we must ask is this legal?  What ever happened to freedom of speech?  What about discrimination?  Should employees be worried on what they put on their social media profile?  According to Elizabeth Garone in her article of “Can social media get you fired?” it is possible that social media can affect your employment status.  She states that one’s way of thinking that their profile may be appropriate for them on their own time, then again to another may not.  

 

Another source is in the Sage Journal, regarding “Social Media- A Virtual Pandora’s Box: Prevalence, possible legal liabilities, and Policies” on page 9, sub category Online Employee Speech Protected by Labor Laws asserts that it is probable that a company may restrict employees to express their job concerns on social media, however this may result to legal action.  Federal law protects employee’s freedom of speech on discussing any work matters.  And so this means it is illegal to a company to ask their employees not to vent regarding their working situations.  An additional factor to report is that some companies have been wise in a sense to get around it. For instance, Jonathan Segal’s article of “Social media Use in Hiring” assessing the Risks” suggest some guidance of how companies should implement social media in hiring. (see box)

 

 

7 Ways to Maximize Benefit and Minimize Risk Employers are well-advised to follow this guidance when using social media in the hiring process:

  1. Never ask for passwords. In several states, employers cannot ask an applicant (or employee) for his or her social media password by law. In all 50 states, asking for an applicant’s (or employee’s) password creates a real risk of violating the federal Stored Communications Act. For this reason, employers should look only at content that is public.
  2. Have HR do it. It is best if someone in HR, rather than a line manager, checks candidates’ social media profiles. The HR professional is more likely to know what he or she can and cannot consider.
  3. Look later in the process. Check social media profiles after an applicant has been interviewed, when his or her membership in protected groups is likely already known.
  4. Be consistent. Don’t look at only one applicant’s social media profiles.
  5. Document decisions. Print out the page containing social media content on which you base any hiring decision and record any reason for rejection, such as bad judgment. This protects you if damaging content has been deleted by the time a decision is challenged.
  6. Consider the source. Focus on the candidate’s own posts or tweets, not on what others have said about him or her. You may want to give the candidate a chance to respond to findings of worrisome social media content. There are impostor social media accounts out there.
  7. Be aware that other laws may apply. For example, if you use a third party to do social media screening, you are probably subject to the federal Fair Credit Reporting Act (and similar state laws). Also, some state laws prohibit adverse action based on off-duty conduct, except under narrow circumstances.

- See more at: http://www.shrm.org/publications/hrmagazine/editorialcontent/2014/0914/pages/0914-social-media-hiring.aspx#sthash.94lhWex3.dpuf

 

This is something to really be aware of as a recruiter and as a job seeker.  Knowing this may help not only recruiters in avoiding any legal suits, but as a job seeker, because this can affect their future employment opportunities. 

DRAFT: This module has unpublished changes.
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