EmployeeScreenIQThursday, February 26, 2009Background Checks Through Social Networking Sites
While conventional background checks are now a part of almost any hiring process, employers are finding it easier to use social networking Web sites and other Internet resources to find out information about potential employers.
As employment rates across the country are the lowest they've been in 16 years, employers are finding themselves inundated with resumes and inquiries. While scouring a job seeker's personal Web sites or Googling an applicant's name may seem like the easy way out, it's not always the moral decision to make, and you may find information you didn't want to know. "With the proliferation of social networking sites like Facebook and MySpace, employers are becoming more aware of the information obtainable via the Internet about their employees and job applicants," Ron Brand, a partner with Fisher & Phillips, said in an article by Aspen Publishers Technical Answer Group. "These indiscretions are made permanent in cyberspace for all to see, including prospective employers. "However, in looking up information on the Internet, employers need to be aware of potential claims against them, such as federal and state discrimination and invasion of privacy claims," Brand added. While no law prohibits employers from searching social networking sites to conduct their own background checks of current or potential employees, doing so could result in federal and state discrimination claims, as well as invasion of privacy claims. For instance, if an employer finds information on MySpace that identifies an applicant's disability or medical condition, the employer could face a discrimination lawsuit if a decision not to hire that applicant is made based on that information. Also, an employer can terminate an employee or refuse to hire an applicant based on information found online as long as that information is not used in a discriminatory manner. This means job seekers should be careful about what they put on their social networking profiles when preparing for a background check. Labels: Background checks posted by Jen Carpenter # 11:01 AM
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