This article will provide an overview of employment and privacy laws and discuss how social media screening affects the hiring process and applicants’ perceptions. To help employers better understand these issues, we’ve conducted a study to assess the fairness of social media screening.
Privacy Laws
If you’re wondering are social media background checks legal, yes. Country by country and region by region, the laws differ. Companies with employees in more than one location must pay special attention to privacy laws in each area. For example, while Brazil guarantees the right to privacy, India does not. The National Labor Relations Act, and various state and local privacy laws, play a significant role in determining how employers can protect their employees.
Employers should follow privacy laws in collecting information about potential employees from social media. For example, employers are prohibited from requesting or viewing private content or adding contacts to an employee’s account. However, employers may look at the publicly available information. As a result, employers must follow these laws carefully to avoid liability.
The law allows employers to monitor social media accounts but not to view any personal information that does not relate to work. Employers may also use social media for compliance purposes. But, they must seek employee permission before doing so. In some cases, employers can use the information they collect to investigate potential employee misconduct or other legal obligations.
Impact on Hiring
Social media screening is an essential tool for hiring managers. The process is effective and reasonably transparent, providing employers with valuable information. It is inexpensive and can help employers identify the best candidate for the position. Additionally, it reduces the possibility of hiring someone with undesirable or criminal tendencies.
Social media screening has the potential to significantly decrease the risk of hiring someone with violent or disruptive behavior. It is increasingly common for employers to conduct social media screening during the hiring process. However, many employers still need to determine its impact on hiring. In many cases, social media screening is a necessary part of the screening process, but employers should be aware of its risks.
Employers should exercise caution when conducting social media screening and follow federal and state privacy laws. While screening candidates’ social media profiles is legal, it is only sometimes appropriate and can expose the company to discrimination lawsuits. It is also essential to obtain the candidate’s consent.
Impact on Applicants’ Perceptions
Although social media screening can provide an employer with valuable information, it has flaws. For starters, it is easy for candidates to misrepresent their online presence. Hence, it is vital to verify the information provided by the candidate before screening them. Social media accounts are easily hacked, and some posts might not even be from the candidate. This means that a candidate might post embarrassing or offensive content that is not conducive to the job.
In addition to this, social media screening can be discriminatory based on protected characteristics. For example, a hiring manager may spend more time reviewing a white applicant’s social media profile than a black applicant’s. Although the former may be hired, the latter may not be. Such a discriminatory practice can be interpreted as a form of bias by some applicants.
Another problem with social media screening is the privacy implications. Because social media information is not always publicly available, the screening process can invade areas of privacy that are irrelevant to the job. This could result in lawsuits for invasion of privacy. Organizations should standardize their social media screening policies to address these concerns. In addition, they should disseminate this policy to their employees.
Employment Law
While social media screening is becoming increasingly commonplace, employers must still be mindful of their legal obligations before screening applicants. An employer may be liable for negligent hiring and retention if they access information that could be deemed harmful. Sometimes, an employer can be held responsible even if they have no idea the data was obtained.
Employers must adhere to EEOC standards and state and local laws. These laws protect protected classes. However, social media screening can be a gray area, so employers must follow non-discriminatory and non-negligent hiring practices. In addition, employers must consider how to comply with local and state laws regarding pre-employment screening.
Employers must also comply with various laws and regulations regarding computer interference. For example, the United States Federal Computer Fraud and Abuse Act prohibit employers from using or adversely acting on protected information obtained from applicants. Additionally, specific laws governing off-duty conduct can affect the use of social media and the ability of employers to terminate an employee for social media content. Public employees, for example, may be subject to laws prohibiting using their employer’s equipment.