Using Social Media Profiles to Hire People

Many employers are now using social media profiles as part of the hiring process. Even though it might seem like a good idea, employers should be aware of some legal issues before using social media profiles to decide who to hire.

No matter what an employer says, they don't need to see an employee's social media profile to decide whether or not to hire them. But social media accounts are still subject to some privacy laws. For instance, the Fair Credit Reporting Act requires certain kinds of information to be given. Employers also need to clarify what information is protected by privacy settings and what is not. People who break the law have to pay fines. Also, they could be sued for unfair treatment.

The law may also require employees to give up information about their social media accounts when that information is needed for an investigation. The username, password, and user names are all part of this. Employers also can't force workers to join social media sites or post ads on their accounts.

Employers could be sued for discrimination if they use social media profiles during the hiring process. Several federal and state anti-discrimination laws make it illegal to treat people differently when hiring, firing, promoting, and in other ways that have to do with work. Federal laws make it illegal to treat people unfairly because of their race, color, national origin, age, disability, gender, sexual orientation, marital status, pregnancy, religion, service in the military, or genetic information. The employee could get in trouble if the employer doesn't do anything about discriminatory behavior.

Some employers use social media to check the backgrounds of job applicants, find new candidates, and screen current employees. Employers should make rules about how employees can use social media and ensure everyone is treated equally. The National Labor Relations Board (NLRB) has looked into the rules and practices of social media. The NLRB filed a complaint against a Connecticut employer, saying that the employer's rules about social media broke federal law.

Almost half of the employers say they have turned down job applicants because of what they posted on social media. You can find out a lot about people on these sites and use them to your advantage if you do it the right way. Here are some ways to make a good first impression on potential employers. You first need to know that people you don't know will see what you post online. If you use social media, you will want to keep your profile up-to-date and clean. You don't want your boss to find out that you've been talking badly about them on Twitter.

The best way to keep your online footprint clean is not to post anything offensive or embarrassing. Even posting a picture of yourself in your underwear can give people the wrong idea about you. It can be risky to use social media networks to decide who to hire. The information you see might be wrong, useless, or wrong for you. These may be warning signs that can lead to bias.

Using social media to decide who to hire might accidentally break state or federal laws, like the National Labor Relations Act. It could also set off alarm bells with the Equal Employment Opportunity Commission, which ensures that protected characteristics are respected. Checking a job applicant's social media profile can lead to bias, whether it's unintentional or intentional. Because of this, experts say you should wait until you've done a review before making a final choice.

Using social media in a targeted way can avoid being accused of hiring someone too quickly. If a social media profile is used to decide who to hire, it should be professional and show how the company is seen online. Don't use pictures or other content with bad language or otherwise offensive. It's important to know the legal implications of using social media profiles in the hiring process, whether your company is looking to fill a job or is just screening potential candidates. You could be sued for negligence or discrimination if your organization doesn't follow the law.

Employers need to know that they might have to follow federal and state laws. Many laws make it illegal to treat people differently when hiring or keeping employees. They also require employers to keep records of who they hire and how they screen them. The EEOC has said that it is important to keep a detailed record of sourcing activities. Several state and federal laws make it illegal for employers to give out private information. This includes information about race, disability, pregnancy, religion, and political views.