Q. Can I use social networking websites to screen potential job
candidates?
Social networking websites such as Facebook, Twitter and LinkedIn
provide a wealth of information to employers seeking to learn more
about potential job candidates during the recruitment process. With
that abundant amount of information, however, employers may gain
knowledge that cannot be used in making employment determinations
and could result in legal repercussions.
For example, an individual's online profile may show previous job
experiences, educational background, or connections with other
employees. On the other hand, such websites may reveal an
individual's sexual orientation, disability, age, marital status and
health issues. New Jersey's law against discrimination, as well as
various federal statutes, prohibit employers from engaging in
discrimination based on these and other characteristics when
interviewing, recruiting, hiring, or promoting employees. Once the
employer gains information about these traits while viewing an
individual's social networking profile, it may prove impossible to
separate that information from consideration during the hiring
process.
How do employers take advantage of the vast amount of helpful
information available through online social networking websites
without transgressing the law and creating an opportunity for
litigation? One potential solution is to implement a "screening"
process to keep potentially problematic information from reaching
those responsible for hiring decisions.
By designating one individual or a third party to conduct online
searches of prospective employees, any "tainted" information can be
removed from the search results. A separate individual or group
could then interview candidates and make the ultimate hiring
determination, thus insulating the process from the infected
information. Employers should implement a company policy regarding
how such information is gathered and reviewed during the employment
process to avoid practices that could be viewed as discriminatory.
Because each business situation is unique, employers should
consult with an attorney about drafting such a policy to meet the
individual needs of his or her particular business.
