By Teri Finan^*

Social Media in the Hiring Process

The internet can be a tremendous resource, but when it comes to club policies related to its use, there is much to be considered. By definition, (and there is a definition in every dictionary we checked including Merriam-Webster and Oxford) “google” means “to search for information about (someone or something) on the internet.” Courtney Shelton Hunt, a social media educator and consultant who has written extensively on what she calls “social screening,” says looking up a restaurant review is one thing, but using Google and social media searches to gather information about prospective club employees can create significant risks.

Much of Hunt’s writing and research, along with a wealth of other resources, can be found on her Social Media in Organizations website (SMinorgs.net). One article, from the Baltimore-based law firm Whiteford, Taylor & Preston, notes that while there are, as yet, no specific court rulings on using the internet to verify a candidate’s suitability, employers should bear in mind that it is an imperfect science with some inherent risks. Beyond the questionable reliability of what you find, a chief drawback to social screening is the potential for digging up more information on an individual than you need or want.

Anti-discrimination laws prohibit the use of details such as the applicant’s race, religion, national origin, age, pregnancy status, marital status, disability, and sexual orientation as the basis for an employment decision–– all things that might inadvertently be revealed in an online profile. Some companies are protecting the person(s) responsible for interviews and hiring decisions by assigning online research to a staff member not directly involved in the hiring process. Details unrelated to employment and information related to an applicant’s membership in a protected class are filtered out.

To put additional distance between the research and the hiring process, an emerging industry of third-party companies are now available to conduct the screening process and deliver a redacted report. If a third-party company is used, the Fair Credit Reporting Act (FCRA) applies. Employers who obtain consumer reports for employment purposes from a third-party consumer reporting agency (CRA) are required to provide a clear written disclosure that the report may be obtained. Written authorization is required from the applicant before the report can be ordered.

You can read more about social screening in Hunt’s white paper, “Social Screening: Candidates and Employers Beware,” which can be accessed via http://tiny.cc/SocialScreeningPaper. For clubs interested in learning more about social media in the workplace, we have posted a collection of related articles in the “Focus Today” section of our website. As always, clubs are advised to seek qualified legal counsel in the process of establishing or revising any club policy.

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Credits

Originally posted by TeriFinan on 27 Oct 2011.
All contributors: MarleneStone, TeriFinan,

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