Googling potential employees is weird. And also a little illegal.
We Want YOU… Maybe
Today’s hiring pool is a treasure trove of qualified and experienced candidates. With so many talented-filled resumes, it can be tough whittling down your search to the best and brightest. So it seems logical to ask the social media gods for assistance. We cyber stalk dating profiles before an awkward first meet-up at a coffee shop, why not do the same with interviews? But as a hiring manager, there are some things you should know before you start lurking around the “like” and “follow” buttons of your potential new hire.
Password Protected
Just like your laptop’s firewall, potential employees have fundamental safeguards. For example, employment decisions cannot be determined by protected characteristics including race, religion, national origin, sex, disability, age (over 40), or genetic information. These freedoms are incredibly important for employers to keep in mind. Why? Because, if a candidate can prove this information adversely affected a hiring decision, the employer may be liable. Here are a few examples:
Chopping Block
When his #1 salesman is taken to the ER after mishandling the Slicer and Dicer Ginsu Knife, Todd is in desperate need of a replacement for an upcoming cutlery trade show. He takes to social media, combing through profiles and immediately rejecting an application from Brad, a qualified candidate donning a baseball jersey in his profile picture. Immediately recognizing the uniform of his least favorite team, Todd immediately rejects his app. “He isn’t getting anywhere near my cutting boards,” Todd says. But when Brad discovers he was denied even an interview, Todd is quickly served with a lawsuit for violating federal statutes including the Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and a slew of state and local laws. “But I didn’t reject him because of a protected class!” Todd protests. “I did it for totally legitimate reasons! Sports!” Unfortunately, just looking on social media eliminates his plausible deniability, meaning Todd can no longer prove those factors DIDN’T go into his decision. Now Todd has no new employee, a mountain of legal fees AND it’s only Monday?! Oh no, Todd!
Say a Little Prayer
Jane just loves getting on Facebook during her lunch break so she decides to see if any of the potential candidates for her company’s open position have profiles. She discovers one of them is a deacon at a nearby church. Jane has been a devout atheist ever since she found out how much money it would save her around the holidays. She quickly reaches out to her team requesting this candidate be pulled from consideration. Since religion is a protected class, it doesn't take long for Janes’s supervisor to discover her motives and have her terminated. Now Jane is the one looking for a job– talk about a status update!
Oldest Trick in the Book
Patrick was denied an interview for his dream job at Buccaneer Bay, a pirate themed amusement park. Knowing he met all of the qualifications, Patrick filed an age discrimination claim against the company. The court ruled in favor of Patrick when it was discovered that the hiring manager was influenced by Patrick’s LinkedIn profile which listed his high school graduation year, implying he was over 40. Patrick walked away with enough money to take a cruise, just like a real pirate!
Before You Go Posting
Tips for Candidates
It’s important to remember that there is currently little legislation protecting employees when it comes to social media. As such, employers are still going to search publicly available information on current and prospective hires. So it’s important to stay smart about what you post. Remember:
Don’t Be Mean
Any kind of offensive content like racist or sexist remarks will result in termination. The same goes for sharing any kind of confidential company information, workplace gossip or public shaming or bullying of coworkers or clients. Just be nice, okay?
Don’t Be Dumb
Make sure you’re familiar with all of your company’s social media policies. They’re usually spelled out pretty clearly in their onboarding materials. They might even make you watch a boring training video about it. It couldn’t hurt to even go back through your old posts and delete old posts. Why risk it? Is some old photo really worth your new job? I highly doubt it.
Maybe Just Don’t
Unless you’re an aspiring rapper or desperately trying to sell ugly leggings, it may not be imperative for the entire world to see your social media. Consider setting your accounts to private and keeping your posts between you and your closest friends. It could save you many potential headaches and leave your mind free to explore more interesting things that don’t involve job hunting.
MORE FOOD FOR THOUGHT
https://shrm.org/topics-tools/news/talent-acquisition/screening-candidates-social-media-may-lead-to-tmi-discrimination-claims
https://www.shrm.org/topics-tools/news/hr-magazine/legal-trends-social-media-use-hiring-assessing-risks
https://www.adp.com/spark/articles/2017/03/why-googling-candidates-before-you-decide-to-interview-them-is-against-the-law.aspx#:~:text=Employers%20get%20into,interview%20limits.