Although CareerBuilder’s 2018 social-media-recruitment survey revealed that 70 percent of respondents said they use social-networking sites to research job, LaKisha M. Kinsey-Sallis, an attorney at Fisher Phillips, said having information like race, age, religion, disability or other protected classification “opens the door for the argument that an employer made a decision motivated by unlawful reasons.” Brian Kropp, group vice president for Gartner’s HR practice, added that searching employees’ and candidates’ social media activity not only presents legal situations, but could also bring about reputational damage and discrimination claims, as well. The two suggest creating a social media policy that clearly outlines unacceptable behavior and consequences for said behavior, while noting that such policies aren’t intended to interfere with employee rights under the National Labor Relations Board (NLRB).
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