Promise & Perils of Internet Searching Job Candidates George L. Lenard Attorney at Law Harris Dowell Fisher & Harris, LC www.harrisdowell.com glenard@harrisdowell.com George’s Employment Blawg www.employmentblawg.com

Sources of Online Personal Information Search engine Social networking sites Blogs and blog search engines Photo and video sites (Flickr, YouTube)

Search engine

Social networking sites

Blogs and blog search engines

Photo and video sites (Flickr, YouTube)

Two Different Uses in Hiring Sourcing/recruiting Investigating job candidates and applicants Can be hard to separate the two

Sourcing/recruiting

Investigating job candidates and applicants

Can be hard to separate the two

Many Hiring Managers Use Social Networking Sites 22% use to research job candidates 34% of them rejected candidates based on information found 24% of them were favorably influenced by information found CareerBuilder.com Survey

22% use to research job candidates

34% of them rejected candidates based on information found

24% of them were favorably influenced by information found

CareerBuilder.com Survey

Negative Information Examples Drinking, drug use Provocative or inappropriate photos Evidence of poor writing skills Negative attitude towards current or past job Evidence of dishonesty on resume, application Tattoos, piercings, hair, clothing

Drinking, drug use

Provocative or inappropriate photos

Evidence of poor writing skills

Negative attitude towards current or past job

Evidence of dishonesty on resume, application

Tattoos, piercings, hair, clothing

Bad-Mouther

Drunken Party Maniac

Pothead

Positive Information Examples Suitable work history, skills, education Writing skills (possibly also web design, photography, video skills) Professional image Endorsements Impressive connections Good fit for culture

Suitable work history, skills, education

Writing skills (possibly also web design, photography, video skills)

Professional image

Endorsements

Impressive connections

Good fit for culture

Legal Issues Reliability of information Too much information & discrimination Prohibited use of private conduct Fair Credit Reporting Act Invasion of privacy Terms of service

Reliability of information

Too much information & discrimination

Prohibited use of private conduct

Fair Credit Reporting Act

Invasion of privacy

Terms of service

Reliability Identity – Does online item refer to right person? “Computer twins” common (i.e. same name and even similar date of birth) Authenticity – Did applicant create or authorize the item? Easy to create fake web page Accuracy – people themselves may fib on their sites

Identity – Does online item refer to right person?

“Computer twins” common (i.e. same name and even similar date of birth)

Authenticity – Did applicant create or authorize the item?

Easy to create fake web page

Accuracy – people themselves may fib on their sites

Too Much Information -- Discrimination May learn facts that may not lawfully be considered in hiring May lose best defense to discrimination claim

May learn facts that may not lawfully be considered in hiring

May lose best defense to discrimination claim

MySpace Profile Mixes Relevant, Irrelevant, and Dangerous Facts Smoker Drinker Children [Have, Want, Don't want] Education Income bracket Company, location, title, and dates employed Networking Category [Field, Sub-Field, Role] Gender Date Of Birth Occupation Address Ethnicity Body Type & Height Interests Music, Movies, TV, Books Marital Status Sexual Orientation Religion

Smoker

Drinker

Children [Have, Want, Don't want]

Education

Income bracket

Company, location, title, and dates employed

Networking Category [Field, Sub-Field, Role]

Gender

Date Of Birth

Occupation

Address

Ethnicity

Body Type & Height

Interests

Music, Movies, TV, Books

Marital Status

Sexual Orientation

Religion

Example: Disability Disclosed From a blog:

From a blog:

Prohibited use of private conduct Some states prohibit using smoking, drinking, and/or other private lawful conduct in hiring Calif., Colo. & NY protect employees from consideration of any legal conduct away from workplace Exception: if conduct would hurt business interests, or be inconsistent with business needs

Some states prohibit using smoking, drinking, and/or other private lawful conduct in hiring

Calif., Colo. & NY protect employees from consideration of any legal conduct away from workplace

Exception: if conduct would hurt business interests, or be inconsistent with business needs

Fair Credit Reporting Act Not just about credit Regulates use of personal information for employment purposes Applies if information gathered by third parties, such as outside recruiters or background screening firms Requires prior written consent and disclosure of report if information causes negative employment decision

Not just about credit

Regulates use of personal information for employment purposes

Applies if information gathered by third parties, such as outside recruiters or background screening firms

Requires prior written consent and disclosure of report if information causes negative employment decision

Invasion of Privacy Many applicants consider social network page or blog to be like a private party But many employers see it as the equivalent of the town square Key to private sector invasion of privacy claims is “reasonable expectation of privacy”

Many applicants consider social network page or blog to be like a private party

But many employers see it as the equivalent of the town square

Key to private sector invasion of privacy claims is “reasonable expectation of privacy”

Terms of Use and Reasonable Expectation of Privacy Sites have rules, including prohibition of pretending to be someone else They provide privacy protections that can be dodged such as by pretexting or accessing through someone else’s computer Facebook and MySpace also prohibit commercial use Rules may create reasonable expectation of privacy and may be independently enforceable

Sites have rules, including prohibition of pretending to be someone else

They provide privacy protections that can be dodged such as by pretexting or accessing through someone else’s computer

Facebook and MySpace also prohibit commercial use

Rules may create reasonable expectation of privacy and may be independently enforceable