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Using Facebook in the hiring process, approach with caution

03/20/09

Searching for an applicant’s name on popular social networking sites like MySpace and Facebook has become part of the regular hiring routine at some businesses. Though these sites are relatively easy to access, many may not be aware of the trouble they can stir up when used in the hiring process.

Some workplace studies suggest that almost 40% of employers have used Facebook and other social networking sites to gather information on job candidates. In cases where they have found negative information, more than 80% of employers consider it when making hiring decisions.

Though an applicant’s social network profile might contain most of the same information you would find on their resume, these profiles may also share information related to gender, relationship status, sexual preference, home town, age, religion and if they have or plan to have children. When it comes to hiring, the problem is that most of these topics should never be discussed.

If a business were to make a hiring decision based on any of the personal information just listed, it could be considered discriminatory and could create serious legal issues. Unless you have a legitimate job-related reason for asking an employee about personal information, the topics should be avoided completely.

It is generally only acceptable to use such information in cases where an applicant is modeling behavior outside of work that could interfere with their job responsibilities or there is a direct link between the information on an applicant’s profile and their job duties.

When using the Internet for screening job applicants and current employees, keep in mind some important legal issues:

  • Invasion of privacy. Some social networking sites state specifically in their terms of service that it is illegal to use members’ profile information for commercial purposes.
  • State protected privacy. States such as California and New York have laws preventing employers from interfering in employees’ private lives outside of the workplace.
  • Discrimination. Even if you stumbled across an applicant’s personal information unintentionally, it is unlawful to deny employment based on protected categories such as age, race or gender.
  • False information. It’s probably not a shock, but users on social networking sites don’t always post information that is entirely true. It’s best to rely on information that the applicant gives you directly.
  • Fair Credit Reporting Act (FCRA). If you’re using an outside agency to conduct background checks on job candidates, you must comply with the FCRA and receive the applicant’s consent before starting the background screening process.

Every business should develop a standard hiring process that includes specific rules for using social networking sites. Managers and supervisors involved in the hiring process should be trained on the right and wrong ways to use the information they find on social sites.

When you choose to research job candidates using social networking sites, practice extreme caution with the information you find. Regularly review the laws on discrimination to keep your organization out of a legal mess.