Facebook, Google+, MySpace, and Twitter–Mining Social Networks to Investigate Applicants for Employment

With the rise of social networking as a form of expression and communication, employers have found these websites to be useful tools when determining an applicant’s suitability.  Recent news reports demonstrate how prevalent the practice has become and how far employers will go to review social networking sites.  For example, if unable to view an account due to privacy restrictions, some employers (both public and private) demand access by requiring prospective applicants disclose their username and password, “friend” an employee within the human resources department, or log into their account during the interview process.

As an employer, this practice may be appealing to ensure that the character and behavior of an applicant are in line your company’s culture.  However, employers should be wary.  This type of investigation is fraught with complications.  From a practical perspective, demanding access to private information without good cause may dissuade otherwise exemplary applicants from pursuing employment with your company.

Even more concerning are the significant legal pitfalls associated with using this type of information for hiring decisions.  Social networking sites reveal more about applicants than employers are permitted to ask in an interview setting.  For example, on Facebook, employers may discover an applicant’s age, religious beliefs, sexual orientation and marital status.  Employers may not elicit this type of information from applicants and are prohibited from using this information to form the basis for its hiring decisions.

There is no doubt the use of social networking is a useful tool for employers when making hiring decisions.  However, employers are well advised to implement a best practices policy concerning the use of social networking to investigate potential applicants.  To avoid legal pitfalls associated with these practices, please contact Beresford Booth’s Business Group.

Beresford Booth (425.776.4100), www.beresfordlaw.com

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