Social Media has exploded in recent years and employers realize that social media background checks should be an important part of their hiring process. However, this can be a legal minefield. Join Safe Hiring Solutions CEO and attorney Steve Koers for a look at social media background checks policy development.

1. Social Media Background Checks Policy Development Select speakers or Phone on Webinar tab The Webinar will begin shortly. While you are waiting please answer the following question using Twitter: @SHSscreening Are you conducting Social Media Background Checks? Why or Why Not?

3. Quick Updates:

4. New products/services- iRefCheck coming soon…

5. New Partners- Accupay, AppliTrack, Keystone Group

6. New Integrations- AppliTrack

7. Encourage Social Media to Connect & Network with our 3,000+ Users

8. Twitter- customer service, network, information resource

9. FaceBook- What we stand for- community work-missions

12. Employment Law

14. Welcome to the Wild West 2.0 160+ Million Blogs 80K New Blogs Daily 75 Million Tweeters (200 Million Registered) 550 Million FB Users 67 Million MySpace Users 41 Million LinkedIn Users 490 Million YouTube Users 92 Billion YouTube page views per month

15. Benefits of Social Media Background Checks Due Diligence Negligent Hiring Negligent Retention 1st Time We Can Look Inside Applicant’s Head Hobbies Interests Unfiltered Character Check

16. Consumer Reporting Agency SHS is a Consumer Reporting Agency under federal law: We assemble information on consumers; For a fee So You must operate under the FCRA

17. Concerns How do you determine if applicant has hidden online identity? Separate worlds- separate identities Social Media check might provide false sense of security against sophisticated applicants

18. Authenticity How do you know the site or tweet belongs to the applicant?

19. So Sign Me up, Let’s Get Started… Well, Not So Fast…. Let’s Look at the Legal Implications

20. Steve Koers Lewis And Wilkins LLP 317-495-7100 skoers@lewisandwilkins.com

21. What are Some Pitfalls of Social Media Screening? Too Much Information (TMI) Photos of Applicant Age Race, etc Blog posts or tweets related to say personal religious beliefs, ethnicity, etc Learning & seeing so much that cannot be legal basis of hiring decision

22. 3 Big Legal Implications Discrimination Privacy Authenticity

23. Discrimination Applicants could bring a failure to hire lawsuit if employer uses information from social networking site about: Race Ethnicity Nationality Marital Status Religious Preference Age Etc

24. Privacy Privacy? On the Internet? Argument can be made that consumers have a “reasonable expectation of privacy” on social networking sites where only “friends” are supposed to have access.

25. Do I Need a Social Media Policy? Unlike highly structured Background Checks with credible sources Microsoft Survey: 90% of Employers claim they take steps to corroborate authenticity of Online information But how do they corroborate? If Employee has a beer in a photo, does the Employer track down others in photo to confirm general lifestyle? Just because it is possible, it doesn’t necessarily result in better hires

26. Hiring Perspective Powerful tool Not Risk-free Digital search leaves a discoverable trail Creates documentation and tracking responsibilities Mistaken identity, fake accounts, inaccurate info Old rules still apply EEOC, Anti-discrimination

27. Hiring Perspective Questions to ask: Do we have a legitimate business reason? What would we learn that we wouldn’t learn form application and interview? How far to check Would we go watch their house? Would we watch their friends’ houses? Would we listen to their conversations in a restaurant? Why would we do this on-line, then? What about our own on-line information?

28. Hiring Perspective Would we be employable? What is the message we are sending to our current and future Employees regarding privacy and trust? What are our legal risks? State and local rules Possible rights vioaltions Need a system

29. Hiring Perspective If you do engage in Social Media Background checks, you need policies that are: Global - Search everyone who applies Internally consistent Search the same sites, all the time Follow up with only the same types of information Use same (independent) people to do the search Legally defensible DO NOT “FRIEND” OR FOLLOW AN APPLICANT Run your policy through your attorney Educate and train managers about what they can and cannot do When searching, evaluating and deciding on candidates

30. Employment Perspective Social Media Policy is NOT a form of INSURANCE You need to carefully consider your goals What do you want to accomplish?

31. Employment Perspective Temptation is to “Lockdown” Block or forbid all social media and all comments Is that the best business decision? Depends upon your business What do you want to accomplish? Is it even Legal?

32. NLRB Issues Change in Board and Enforcement Recent Settlement Employee criticized supervisor on Facebook Employer fired Employee NLRB: illegally denied union representation maintained and enforced an overly broad blogging and internet posting policy

33. What Does That Mean? Employee posted comments, violating company Social Media Policy Fellow Employees responded and engaged in discussions To the NLRB, the responses and the “overly broad” Policy constituted “concerted protected activity” It is not a “Free Speech” case, as much as it is “Protected Speech” Employees have right to discuss the terms and conditions of employment, regardless of whether workplace is unionized!

34. Suggestions for Social Media Do not simply copy a social media policy Every business is different with different needs No boilerplate – understand what you are trying to accomplish Have your attorney write or at least review your policy

35. Policies and Guidelines Policies Well-defined rules Can and can’t do Often linked to laws Apply to ALL Even if no social media job responsibilities Guidelines Looser expectations Guide behavior that may not be easy to define or enforce Guide those who interact with public via social media as part of job

36. Policies and Guidelines - Examples Policies Identify Yourself as Employee Don’t post confidential or copyright info Don’t post anything: Defamatory Offensive Harrassing Violating laws or other company policies Guidelines Be responsible Be authentic Avoid on-line disputes Add Value to the company Don’t disparage competition

37. Legal Considerations Recent Cases NLRB Cisco Businesses need to consider: FTC Trade Secrets Copyright and IP Privacy & HIPPA SEC Agency

38. Always remember the Laws! Consult an attorney to review policy content: Anti-discrimination Anti-harrasment Anti-defamation FLSA NLRA Whistleblower protections Non-solicitation and non-compete Negligent hiring and Negligent retention

40. Employment Law

41. School and Church LawLewis And Wilkins LLP 11206 Fall Creek Road Indianapolis, IN 46256 317.495.7100 – Office 317.495.7103 – Fax 317.513.0798 – Mobile skoers@lewisandwilkins.com

42. So Where Does That Leave Us? Legitimate Background Screening Firms will be hesitant to provide service: Required under FCRA to provide accurate information FCRA requires information to be verified Similar names & no identifiers Imitating others- cyber slamming

43. Key Takeaways: Catch-22- “danged if I do/ danged if I don’t” Will need to be done in-house Outside of HR to filter information that should not be used I.T.? Who? FCRA will not apply ** BEST defense against legal action is a social media policy Can you blog- trade secrets, etc Talking about co-workers/ managers, etc Branding Protecting security Who owns email Use of social media on business time

44. Questions? Send questions to Twitter: @SHSscreening Sign up for blog: info.safehiringsolutions.com Upcoming Webinars: Child Sex Offenders: How They Select, Seduce & Maintain Victims 6/23 2PM EST