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RLPSA - How Social Media Sites Affect Pre-Employment Screening and Privacy Laws

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For years, employers have used drug tests and professional background checks to scrutinize applicants. Today, human resource professionals are now using social networking sites as part of the ...

For years, employers have used drug tests and professional background checks to scrutinize applicants. Today, human resource professionals are now using social networking sites as part of the screening process to browse through an applicant’s social and personal life. In this session, learn the social media screening do’s and don’ts.

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  • Why I belong in the room with ex CIO and homeland security guys? My own unique “security” expertise from childhood and retail background and understanding of the fraud risks that come with it, includes working for a local drug store, produce manager for Omni Superstores, and full time bartender/restaurant manager.
  • Socialnomics video http://www.socialnomics.net/2013/01/01/social-media-video-2013/ with the latest social media stats
  • Social Media’s impact on recruiting and hiring using stats and charts from leading resourcesA statistical look at job search stats – how many job seekers are using social media
  • A statistical look at talent recruitment – how many employers use social media
  • A statistical look at background checks- how many businesses background check via social media:
  • A statistical look at background checks- how many businesses background check via social media: Federal Guidance Remains Absent for Social Media Use in HiringUnfortunately for talent management professionals, there has yet to be any such federal guidance on social media for a critical HR function like hiring. Therefore, employers are still not entirely certain about social media’s role in the process.That said, a majority of employers do actively use social media as part of their recruiting function. In HireRight’s 2013 Employment Screening Benchmarking Report, 54% of respondents indicated that they use social media for recruiting, with another 7% planning to do so.The practice is even more entrenched at larger employers (500+ employees), with 73% utilizing social media sites for talent acquisition. The data indicate a slight growth from 2012, when 50% of respondents indicated they use social media for recruiting.Employers Wary of Social Media Background ChecksWhen it comes to social media background screening, however, employers tend to be much more cautious. Only 14% of respondents to the survey reported that they use social media for background screening purposes, with 7% planning to do so. The numbers indicate a marginally declining year-over-year trend, since in 2012, 15% of employers were using social media for background screening and 9% were planning to do so.Far and away, Facebook is the most popular site for employers using social media for background screening, with 83% incorporating it into their employment screening process. LinkedIn (68%) and Google+ (32%) were the second and third most popular sites, respectively.At least part of this reluctance is not just due to the lack of clear regulatory or case law guidance on the practice, but can also be attributed to employers wanting to steer clear of thorny issues like discrimination and invasions of privacy.Given these concerns, HireRight asked the employers who were using social media as part of their background screening effort if they have a company policy to govern the process. Fewer than one-fourth (24%) of respondents indicated they do—a concerning statistic.Without any guidelines governing how social media background screening is conducted, what information can be used in the hiring decision, and how to verify information, organizations risk exposing themselves to a variety of potential liabilities and may be inappropriately limiting their candidate pool based on subjective criteria.- See more at: http://www.hireright.com/blog/2013/06/employers-continue-to-be-tentative-about-social-media-background-check/#sthash.DpBtgJPX.dpuf- See more at: http://www.hireright.com/blog/2013/06/employers-continue-to-be-tentative-about-social-media-background-check/#sthash.DpBtgJPX.dpufhttp://www.hireright.com/blog/2013/06/employers-continue-to-be-tentative-about-social-media-background- - Employers are wary/slow to use social media http://www.arsbackgrounds.com/social-media-background-checks-on-the-rise.html- Offers stats on employers using social media to conduct background checkshttp://theundercoverrecruiter.com/infographic-how-recruiters-use-social-media-screen-applicants/ - An infographic on social media screening stats based on a survey from Repplerhttp://www.careerbuilder.com/share/aboutus/pressreleasesdetail.aspx?id=pr691&sd=4%2F18%2F2012&ed=4%2F18%2F2099– CareerBuilder’s data on businesses that use Facebook to prescreen candidates
  • Weeding Out Trouble: Provide several examples of employers screening employees/weeding out candidates through social media:A prospective employee was found using Craigslist to look for OxyContin http://college.monster.com/news/articles/2145-could-a-new-social-media-background-check-cost-you-the-jobA recent New York Times article gave some examples of exactly what Social Intelligence has found that lead to job offers not being extended. “…one prospective employee was found using Craigslist to look for OxyContin. A woman posing naked in photos she put up on an image-sharing site didn’t get the job offer she was seeking at a hospital” the article said.The job applicant who belonged to a Facebook group, “This Is America. I Shouldn’t Have to Press 1 for English.” http://college.monster.com/news/articles/2145-could-a-new-social-media-background-check-cost-you-the-job The New York Times article continued, “Other background reports have turned up examples of people making anti-Semitic comments and racist remarks…Then there was the job applicant who belonged to a Facebook group, “This Is America. I Shouldn’t Have to Press 1 for English.”
  • A prospective employee was found using Craigslist to look for OxyContin http://college.monster.com/news/articles/2145-could-a-new-social-media-background-check-cost-you-the-job The job applicant who belonged to a Facebook group, “This Is America. I Shouldn’t Have to Press 1 for English.” http://college.monster.com/news/articles/2145-could-a-new-social-media-background-check-cost-you-the-job
  • Provide examples of what you can learn about candidates’ skills and qualifications through social media.
  • Communication skills – Do they write and speak well? Are they professional, engaging, thoughtful, funny, smart in how they communicate? How’s their grammar and spelling?
  • Qualifications – Is there evidence of their qualifications available through their LinkedIn and other social professional networking sites (recommendations, endorsements from former, current colleagues, etc.)
  • Rapper 50 Cent and comedian Gilbert Gottfried stunned some Twitter followers when their Tweets mocked the earthquake and tsunami victims in Japan and around the world.As the death toll continues to climb from the devastating 9.0 earthquake and subsequent tsunami Friday, 50 Cent took to Twitter to take a few jabs at the situation.“Look this is very serious people I had to evacuate all my hoe’s from LA, Hawaii and Japan. I had to do it. Lol,” he Tweeted.He added shortly afterward, “Nah this is nuts but what can anyone do about it. Let’s pray for anyone who has lost someone.”The rapper said he Tweets for shock value: “Some of my tweets are ignorant I do it for shock value. Hate it or love it. I’m cool either way 50cent.”Comedian Gilbert Gottfried also took a few jabs at the situation, Tweeting "Japan is really advanced. They don't go to the beach. The beach comes to them.“He also wrote, "I just split up with my girlfriend, but like the Japanese say, 'They'll by another one floating by any minute now.“Meanwhile, the death toll for the quake and tsunami has climbed to10,000 people by some estimates, with some 2,000 bodies found on two shores in the Miyagi coastal areas of Japan Monday.Read more: http://www.foxnews.com/entertainment/2011/03/14/50-cent-mocks-japans-earthquake-victims-tweets/#ixzz2b1pZtN1O
  • Good Judgment – Do they demonstrate good judgment in what they share and post? Is there evidence of illegal or illicit behavior? Drug use? Etc? Do they badmouth customers, employers, etc.?
  • Work Ethic and Focus – Is most posting happening during work hours? Are posts professionally related?
  • Congeniality – How nice is the candidate/applicant? Do they seem kind and someone who could work on a team? How are their manners?
  • Risk 1: Acquiring information on people that is protected by law:Audience Question: U.S. law protects job seekers from having to reveal certain private information to employers. Can you name some or all of them?Federal and state law of defined several protected categories and activitiesEqual employment opportunity (EEO) laws prohibit specific types of employment discrimination. These laws prohibit discrimination on the basis of race, color, religion, sex, age, national origin, or status as an individual with a disability or protected veteran. Race, gender, religion, political affiliation, marital status, age, pregnancy, disability or serious health condition, or information about their family’s medical history and genetic information. (http://www.dol.gov/compliance/topics/hiring-eeo.htm) Employers must also consider the risks of accessing information about a candidate’s protected activity, including workers’ compensation claims or protected concerted activity under the National Labor Relations Act.
  • Are there Laws against Social Background Checking?No laws prohibit social background checking but there are laws that prevent employers/businesses from over-reaching when it comes to accessing applicant data over social networks.http://hrdailyadvisor.blr.com/archive/2013/03/12/HR_Policies_Procedures_Social_Media_Applicant_Background_Check.aspx - share the specific insights on laws on the books in states protecting individuals
  • Know the Lines You Can’t Cross. And, If you or your background check team is not familiar with EEOC laws, it’s time to get educatedHere are some resources:Title VII of the Civil Rights Act of 1964 (Title VII) - http://www.eeoc.gov/laws/statutes/titlevii.cfmThe Pregnancy Discrimination Act - http://www.eeoc.gov/laws/statutes/pregnancy.cfmThe Equal Pay Act of 1963 (EPA) - http://www.eeoc.gov/laws/statutes/epa.cfmThe Age Discrimination in Employment Act of 1967 (ADEA) - http://www.eeoc.gov/laws/statutes/adea.cfmTitle I of the Americans with Disabilities Act of 1990 (ADA) - http://www.eeoc.gov/laws/statutes/ada.cfmSections 102 and 103 of the Civil Rights Act of 1991 - http://www.eeoc.gov/laws/statutes/cra-1991.cfmSections 501 and 505 of the Rehabilitation Act of 1973 - http://www.eeoc.gov/laws/statutes/rehab.cfmThe Genetic Information Nondiscrimination Act of 2008 (GINA) - http://www.eeoc.gov/laws/statutes/gina.cfm
  • Don’t Push Privacy Limits: Never request or Log into an individual’s personal accountDon’t Go Rogue: Do not conduct social background checks without consulting legal and HR teams. Do them openly and with the guidance and permission of your corporate teams. Be transparent in what you are doing with candidates and with your teams/colleagues/business.State Law Actions on Social SleuthingMany states have taken or are considering legislation related to social sleuthing, McCormick notes. For example:Illinois: Amended “Right to Privacy in the Workplace Act” to prohibit employers from requiring or requesting that employees or applicants reveal the usernames and passwords for personal accounts on websites such as Facebook and Twitter.Mary|and: User Name and Password Privacy Protection and Exclusions Act: Employers may not refuse to hire an applicant or discipline employees for failure to disclose a user name, password, or related information.California: There is pending state legislation, the Social Media Privacy Act, that would prohibit requests for passwords or access.Similar bills pending/soon to be passed in:New JerseyDelawareMassachusettsMinnesotaMichiganSouth CarolinaNew YorkWashingtonMissouriPennsylvaniaSource:http://hrdailyadvisor.blr.com/archive/2013/03/12/HR_Policies_Procedures_Social_Media_Applicant_Background_Check.aspx
  • Privacy and Off-Duty Conduct Concerns with Social SleuthingFurthermore, says McCormick, 29 states limit employer ability to regulate employees’ off-duty conduct:"Tobacco" states: Connecticut, District of Columbia, Indiana, Kentucky, Louisiana, Maine, Mississippi, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Virginia, West Virginia, and Wyoming"Legal Products" states: Illinois, Minnesota, Missouri, Montana, Nevada, North Carolina, Tennessee, and Wisconsin"Lawful activities" states: California, Colorado, New York, and North DakotaExercise caution when taking action based on lawful conduct described or in photographs on social media sites, says McCormick.Source:http://hrdailyadvisor.blr.com/archive/2013/03/12/HR_Policies_Procedures_Social_Media_Applicant_Background_Check.aspx
  • Risk 2: Negligent HiringIf you don’t check a candidate’s background, is there a case for negligence on the employer’s part should the hired employee cause damage, hurt someone, etc.? Employment experts worry and one family of a workplace shooting is working to get a law on the books requiring social media background checks. While no cases of negligent hiring lawsuits appear on the books as we know today, many feel like it could happen very soon.
  • Know the Lines You Can’t Cross. And, If you or your background check team is not familiar with EEOC laws, it’s time to get educated
  • Define Your Social Screening Process
  • Make Your Screening Process Uniform for All Candidates
  • Socially Screen Only Those You Have Interviewed – Don’t socially screen everyone
  • Focus on Skills and Qualifications
  • Communicate the Process Internally and Externally (notify candidates/get consent and ensure hiring managers understand the process)
  • Stay Public – Search only public resources and data
  • Watch for Both Good and Bad Patterns of Behavior – remember it’s about finding talent not finding out secrets and dirty laundry
  • Published on Feb 24, 2013Dance and sing -- and fight in Albany! Recently, workers at a handful of popular NYC restaurants got together to make a music video demanding that New York state lawmakers pass a minimum wage hike to at least $9 this March 2013. Right now, minimum hourly wage is $7.25 for untipped workers and $5.00 for tipped workers. On average, that comes out to about $15,000 annually working full time for untipped workers and about $10,000 base salary for tipped ones. And only servers in the highest-end restaurants pull in big-time tips. What does it all mean? Sixty percent of all New York state restaurant workers are making poverty wages. But some of them found time to rock out to this video to get their message across.
  • Keeping Hiring and Screening Roles Separate - Make sure hiring managers are not conducting the social background checks (create a firewall between the two)
  • Train and Document – Make sure new team members conducting background checks are well trained and documenting their work and procedures.
  • Consider Third-Party Social Media Background Check Providers:SocialIntelligence, InfoCheckUSA, Tandem Select, etc.Note that “background-screening companies that use social media sites are subject to the provisions of the Fair Credit Reporting Act, under which applicants must give permission for pre-employment investigations.” http://www.shrm.org/hrdisciplines/technology/articles/pages/be-smart-when-using-social-media-for-hiring.aspx
  • Please note this goes beyond social because really a background check would expand beyond the major social sites and use several Internet tools, such as those listed below)Helen to provide list of online screening resources she would like to provide as resources to her audience. Here are some examples from ClearEdge but we will rely on Helen to finalize the list of expert resources she would like to offer up:Search Engines – Google, Bing, Yahoo, etc.Social Media Sites: Facebook, LinkedIn, Twitter as top, general examples Criminal Background: CriminalSearches - http://www.criminalsearches.com/default.aspx Public Records: Search Systems http://publicrecords.searchsystems.net/ and NETROnline: http://www.netronline.com/ Location/Contact information: White pages, Yellow Pages, etc.)
  • Here are some resources:Title VII of the Civil Rights Act of 1964 (Title VII) - http://www.eeoc.gov/laws/statutes/titlevii.cfmThe Pregnancy Discrimination Act - http://www.eeoc.gov/laws/statutes/pregnancy.cfmThe Equal Pay Act of 1963 (EPA) - http://www.eeoc.gov/laws/statutes/epa.cfmThe Age Discrimination in Employment Act of 1967 (ADEA) - http://www.eeoc.gov/laws/statutes/adea.cfmTitle I of the Americans with Disabilities Act of 1990 (ADA) - http://www.eeoc.gov/laws/statutes/ada.cfmSections 102 and 103 of the Civil Rights Act of 1991 - http://www.eeoc.gov/laws/statutes/cra-1991.cfmSections 501 and 505 of the Rehabilitation Act of 1973 - http://www.eeoc.gov/laws/statutes/rehab.cfmThe Genetic Information Nondiscrimination Act of 2008 (GINA) - http://www.eeoc.gov/laws/statutes/gina.cfm

RLPSA - How Social Media Sites Affect Pre-Employment Screening and Privacy Laws RLPSA - How Social Media Sites Affect Pre-Employment Screening and Privacy Laws Presentation Transcript

  • Secrets to SOCIAL SCREENING How Social Media Sites Affect Pre-Employment Screening & Privacy Laws
  • IT & Marketing Bio • – • • • – – – – – – – 2
  • Fraud & Loss Prevention Bio • • – – – – – 3
  • AUDIENCE POLL QUESTION How much of a role does social media play in your work life today? A. A big role B. A moderate role C. A very small role D. No role at all
  • Social Media’s Growth & Reach Continues to Astound 5
  • Erik Qualman: Socialnomics Source: Socialnomics, Erik Qualman http://www.socialnomics.net/2013/01/01/social-media-video-2013/
  • Impact on Job Search JobVite: 2012 Social Job Seeker Survey JobVite: 2012 Social Job Seeker Survey 7
  • Impact on Recruiting 8
  • Background Check Impact? 9
  • Background Checks A Small Minority A Growing Minority The Vast Majority 10
  • YOU TELL ME Are you currently using social media to prescreen or background check candidates?
  • YOU TELL ME How many of you plan to perform a social media background check on potential candidates going forward or in the near future?
  • Bottom Line • • • 13
  • What Can You Learn about Candidates from Social Media? 14
  • The Bad Stuff Sexually Explicit Posts 15
  • “Carly Crunk Bear”
  • The Good Stuff 17
  • Communication Skills  JOHN DOE posted on April 15 Sooo excited to graduate collage this week. Finally done and ready to get a great job with a super, amazing business who I hope can pay me a lot (lones suck!). Their are small beginnings and big ones. I am gonna make this one big. Thanks friends and family and teaches for having my back. 18
  • Communication Skills • – – – – – – 19
  • Qualifications • – – – – 20
  • Good/Bad Judgment  21
  • Good Judgment • – – – – – 22
  • Work Ethic & Focus • – – – 23
  • Congeniality • – – – 24
  • Is Social Screening/Back Ground Checking Legal? 25
  • Legal, But Limited • • – – – – – – • 26
  • If It’s Not Against the Law, What Are the Risks? 27
  • Breaking the Law 28
  • YOU TELL ME U.S. law protects job seekers from having to reveal certain private information to employers. How many can you name?
  • Protected Information • • • • • • • • • • • • • • 30
  • Protected Activity • • • • 31
  • Off Duty Overreach 32
  • Off Duty Overreach • • • • 33
  • What Is the Risk of Not Screening Social Media? 34
  • Negligent Hiring 35
  • Negligent Hiring Risk • • 36
  • The DOs and DON’Ts of Social Background Checks 37
  • Three DON’Ts 2 1 3 38
  • The DOs: 10 Social Media Screening Best Practices 39
  • #1: Define It 40
  • #2: Standardize 41
  • #3: Screen Selectively 42
  • #4: Focus on Skills 43
  • #5: Communicate Process 44
  • #6: Stay Public 45
  • #7: Watch Behavior 46
  • Shows Initiative or Agitators? Source: Strong Economy for All and Restaurant Opportunities Center of New York http://www.youtube.com/watch?v=L_s8e1R6rG8/
  • #8: Separate from Hiring 48
  • #9: Train and Document 49
  • #10: Leverage 3rd Party Providers 50
  • Social Screening Tools 51
  • EEOC Resources • • • • • • • • 52
  • Q&A 53
  • Thank You! 54