The use of social media by employees for both personal and work-related activities is commonplace, but can pose significant risks for employers. This article will aid attorneys when counseling employers regarding the permissible and prudent use of social media.
Monitoring Social Media Accounts
Social media can be an invaluable resource for employers in screening potential employees beyond the traditional interview setting. The majority of employers use social media to “cyber-vet” job applicants, however there are pitfalls associated with this practice. Information readily available on job applicants’ social media profiles can reveal protected characteristics which cannot be considered in an employer’s hiring decision (race, marital status, health). Ultimately, accessing candidates’ personal information may suggest an improper motive in a failure-to-hire situation.
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