The benefit of using social media during the hiring process is no secret, but it can present a minefield of legal risks. Federal, state, and local anti-discrimination laws prohibit discrimination in hiring based on a prospective employee’s protected class. It could be hard to prove that access to this type of information did not influence any hiring decisions. Other risks include running up against lawful off-duty conduct laws, violating the Fair Credit Reporting Act (FCRA), running afoul of the National Labor Relations Act, liability under password protection laws, enhanced privacy obligations, and computer interference laws. Businesses should develop a social media screening policy demonstrating that legal and consistent practices are used and ensure that social media screening is performed by HR, among other best practices.
Post By Ken Shafton (1,696 Posts)