Watch What You Google - It Could Land You in Hot Water

MySpace and Facebook have become part of our nation’s vocabulary as social networking has become the way that people connect with each other. Everything from pictures of a fun weekend to a person’s religious and political preferences can be found with the click of a mouse. In an age of ever-increasing information and technology, the way we interact has been forever changed by such social networking sites.

As with any type of information, the ways in which it is used can change over time. One unanticipated use of these sites has become almost commonplace for some employers – checking out a potential job candidate’s MySpace or Facebook page for information that might not be divulged in a resume, cover letter, or interview. A recent survey by Vault reported that 44% of employers check out the Facebook or MySpace pages of potential employees (read the full article).

So, what’s the problem?

Employers know that asking about such things as marital status and religious and/or political affiliations is unlawful. But, what if this information is found via a Google search of a prospective employee? Suppose an employer comes across a lengthy blog posting about a job candidate’s dislike of presidential candidate Y. Or, suppose an employer only looks up two of the five candidates via a Google search or a quick peek at a MySpace or Facebook page. These types of situations can leave an employer open to claims of employment discrimination.

How is that possible? Well, if the job candidate can confirm that he or she was taken out of the running after a prospective employer saw his or her MySpace profile, that job candidate might be able to claim that religious or racial factors caused him or her to be disqualified. In the case of checking only a few candidates, it may have been a simple oversight on the part of the employer, but if the two who were checked belong to the same ethnic group or are both female, claims of discrimination could be made.

Keep it simple and consistent

Many human resource professionals shy away from using these social networking sites to mine for information about potential job candidates simply because it is like opening a can of worms. For employers who choose to use this type of information, experts in the field of employment law suggest that they document their searches carefully and conduct searches consistently for each and every candidate. While it is tempting to check out a job candidate to get a more complete picture, it may not be worth the potential for trouble if the Internet research is not conducted carefully and documented properly.

Sources consulted for this article:

1. “Facebook Faux Pas” Workforce Management
   Accessed: 12-29-07
   
2. “Employers Using Facebook for Background Checking: Is it Legal?”
   College Recruiter
   Accessed: 12-28-07
   
3. “For Some, Online Persona Undermines a Resume” The New York Times
   Accessed: 12-19-07
   
4. “44% of Employers Using Facebook to Check on Job Candidates” iTWire
   Accessed: 12-20-07