Are you using social media illegally?”

Has Social Media “TMI” Illegally Biased Your Company Hiring Process?

Does this question make you nervous? If you’re one of the 91% of hiring professionals using social media in your hiring process, it should.

Facebook, Twitter, LinkedIn and more… social media can provide companies with a treasure trove of “TMI” (too much information) previously unavailable background data about prospective candidates. More and more hiring managers admit they check out a candidate’s social media profile at some point during the hiring process. Who wouldn’t? There’s lots of valuable information in a person’s electronic footprint that may influence your hiring decision – and some of it can easily get well-meaning employers into trouble. *

To keep yourself and your company out of legal hot water, it is critical that you first formalize a clear and comprehensive social media recruitment process policy, have it reviewed by a qualified attorney, then educate everyone involved in the hiring process.

Even if you’re simply using social media to screen applicants, at a minimum, consider the following guidelines:

  1. Identify what you are looking for and create a specific list of red flags (for example, illegal drug use, misleading information about work experience, college degrees, prior employer bashing).
  2. Search only those applicants who have already passed at least the initial interview screening.
  3. Inform applicants that your corporate hiring process includes a review of their social media presence.
  4. View only publicly available information. DO NOT ask for passwords or access to password protected sites and DO NOT “Friend” applicants or use their friends to review their posts and profiles
  5. Use a neutral party do the screening to avoid a hiring manager seeing protected data (age, race, religion, health conditions, etc.)
  6. Screen in a consistent and uniform manner. Follow the same process and the same sites for everyone you are screening.
  7. Document the results clearly and consistently.

“Treat it [social media] the same way [in recruiting] you would if you gained the knowledge via the interview or in a resume,” advises Melanie Berkowitz, on Monster.com. After all, social media is really just another tool; avoid those same pitfalls as you would off-line and you’ll be fine.

* This article should not be considered legal social media policy advice. Dorigan & Associates strongly recommends employers consult an attorney specializing in employment policy to develop and monitor social media’s role and protocol in their company’s overall hiring process.


Are You Using Social Media Illegally?

Connie Dorigan, Founder and Director of Recruiting, sees the food processing industry as the link between good living and good people. She’s the west coast’s most experienced and trusted food processing recruiter. She also provides Executive and Career Coaching and lots of free job search tools. Once you’ve connected with Connie, you’ll always be connected.

© 2018 Connie Dorigan. All rights reserved.

This is a general interest article and does not constitute specific or legal advice.

 

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