What role do social networking sites play in pre-employment screening?
Looking at social networking sites can provide you with useful information about the professionalism of candidates, among other things. But you need to consider the risks involved with how you find this information.
Companies considering using social networking sites for pre-employment screening should think carefully about how they are going to use this tool and, in particular, about which candidates they are going to screen and the type of searches they are going to conduct for each candidate. Consistency is important, as is an understanding that not everything you find online is necessarily true. In no situation should a company access information that it is not authorized to access.
Much of the risk in using social networking sites for pre-employment screening is that the company will learn information that it can’t legally rely on in making hiring decisions. One strategy that can work for some companies is to have someone other than the hiring manager do the social networking research and only pass on relevant information to the person doing the hiring. That way, the hiring manager doesn’t learn about a candidate’s children, religious affiliation, sexual orientation or union activity.
It also prevents the hiring manager from seeing pictures (for instance, of a woman with two young children) that could sway how he or she looks at the candidate and his or her commitment to the position. Any company considering using social networking to learn more about a candidate should also consider revising its employment application to indicate that such screening may be conducted and should confirm that it is complying with the Fair Credit Reporting Act and other applicable laws.
What safeguards do you recommend employers put in place to make sure employees don’t post trade secrets and confidential information online or take it with them when they leave?
Even seemingly innocent comments such as, ‘I’m traveling to New York to meet with a potential partner,’ or, ‘I’m so stressed about the big deal coming through at the end of the month’ can leak confidential information. To avoid inadvertent disclosure of business information, discuss social networking and Internet postings as part of your confidentiality policy and train your employees on what types of statements could lead to problems.
Social networking can also raise issues when it comes to keeping customer, vendor and business partner information confidential. Employees who use social networking as part of their work duties should be encouraged or required to adjust the security settings on their social networking accounts. Companies should also consider requiring these employees to maintain separate business accounts that the company can access.
Laura Friedel is a partner in the Labor and Employment Service Group of the Litigation Practice Group at Levenfeld Pearlstein, LLC. Reach her at (312) 476-7510 or [email protected].