How much (legal) trouble can one employee get into with a smartphone and a social media account or two? Hint, hint: It’s more than most in-house counsel would want to admit. It’s enough to put a company in the HR hurt locker.
Let’s start at the beginning of an employee’s life cycle—vetting the candidate for an opening. Hiring managers love to peruse the candidate’s social media. For the manager, it feels like the only way he can get the real story on the candidate. Trouble is, the manager could learn something that kicks off a discrimination lawsuit. Maybe candidate Carl was once Carol. Or prospect Paula just found out she’s expecting and due in six months during the company’s busy season. Passing over either candidate could buy a trip to the Equal Employment Opportunity Commission.
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