In an era when Googling a job candidate is akin to calling his or her references, it can be hard not to rely on social media profiles when making hiring decisions. But Ashley Laken of Seyfarth Shaw says that hiring managers need to be extremely careful using this type of screening process. According to remarks made during a recent panel conversation with top lawyers and executives from the National Labor Relations Board and U.S. Equal Employment Opportunity Commission, Laken says employers need to be on guard.
The panel included NLRB general counsel Richard Griffin and EEOC commissioner Chai Feldblum. “The panelists explained that while hiring managers can look at applicants’ personal details or opinions that are posted online, they cannot use those details or opinions when making hiring decisions,” says Laken. Easier said than done. Laken uses this example to demonstrate: a manager looks at a candidate’s social media profile and then comments on an aspect of it during the interview. If the candidate isn’t hired, he or she can then use anything that was on the profile—even if not discussed in the interview—as grounds for action against the would-be employer.
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