The document discusses the use of social media in the hiring process. It notes that while social media can provide useful information about candidates, it also poses legal risks if not handled properly. The author believes social media should only be used after initial interviews to screen candidates when sensitive information is less likely to be known. Policies need to be in place to ensure fair and non-discriminatory use of any social media information gathered.

1. MGT 643 Human Resource Management
Position Paper:
Social Media in the Hiring Process
Shelly Lawrence

2. After completing the assigned readings, as well as my own research, my opinion on the use of
social media in the hiring process has changed. I now believe that, as long as there are
appropriate measures in place to guard against the potential legal issues, the use of social media
in the hiring process is a valuable tool for organizations especially with recruitment.
Kind of Information Available
The type of information available through social media such as Face Book, which has
approximately 1billion accounts (Leonard – 2013), may include information on protected
categories such as age, race, gender, religion and disability (Radoqna - 2011), organizations
and/or businesses which the person follows, activities and interests, as well as cues to their
intelligence, extroversion (Kluemper & Rosen) and grammar and spelling (Schawbel - 2012).
This information can, and has, had impacts on how applicants are viewed and whether or not
they are ultimately hired. In “Facebook Follies: Who Suffers the Most?” (Karl & Peluchette -
2009) the writers point out that the same type of information posted on Facebook may be viewed
differently depending on the gender of the person making the post. For example posts involving
sexual activities were more likely to be viewed as a negative if the comments were made by a
female vs a male. (Karl & Peluchette - 2009). For posts involving the use of illegal drugs or
alcohol HRM’s may view this as an indication of possible abuse which is a concern due to the
high cost to business including lost productivity, and increase in workers compensation claims.
(Karl & Peluchette – 2009). However, HRM’s, hiring managers and recruiters must ensure that
the information they’re viewing is actuate whether due to inaccurate information posted by
others or having the wrong person.
When during the hiring process is it appropriate to use information from social media

3. The results of the search I performed on my own name, 249 listings in Spokeo, 4 pages of
individuals on Facebook and Linkedin provided me with the top 25 profiles listed for Shelly
Lawrence, is an example of how important it is to ensure that accurate information is obtained
when social media is used at any point in the hiring process. (Walker - 2010) At a time when
finding, and retaining, quality employees is becoming increasing part of the strategic plans of
business the use of social media in recruiting, at the beginning of the process, is a valuable tool.
The use of social media allows recruiters to find qualified candidates using various platforms
including finding the passive candidates. New software is being developed, Work4’s Graph
Search Recruiter is an example, which will make it easier for recruiters to utilize the graph
search functions on Facebook, and while this isn’t for all businesses, it will work for some and
identify potential candidates which may not be able to be found using traditional
methods.(Leonard - 2013) Another option is to search niche social sites which provides proof of
a person’s work, their passion for their job and possibly who’s considered an expert by their
peers (Zielinski - 2014). Recruiters must remember that there are people who are simply not
interested in being contacted as a result of their use of sites such as FaceBook. As stated in the
article: Can FaceBook be a sourcing tool for Recruiters (Leonard – 2013), many people,
including myself, view Facebook as a place to interact with family, and friends. In order to
avoid some of the potential legal issues, I do not believe that social media should be used again
until after the first interview, the list of applicants has been narrowed and before any non-
conditional offer of employment is made. (Segal - 2014)
Legal Ramifications and concerns
The very real potential for legal ramifications from the use of social media in the hiring process
must be fully considered and, policies enacted to protect against them. Many of the concerns

4. surround the potential for discrimination based on protected categories such as age, race, and
gender (Brown & Vaughn – 2011; Radoqna - 2011), however there are others. The use of social
media may open an organization to claims of disparate impact if it tends to hire only those
applicants who use social media, or if “an employer has been systematically refusing to hire
applicants with a particular protected characteristic such as race.” (Walker - 2010) There is also
the question of invasion of privacy as many do not feel that employers should be looking at their
social media profiles. The courts have not ruled on this. However, if someone’s profile is public
then they will have a difficult time proving that they had a reasonable expectation of their
information remaining private. (Walker – 2010; Radoqna - 2011). Additionally, if an
organization uses a third party to conduct searches on social media, then the Fair Credit
Reporting Act, and possibly other state laws, apply. The Fair Credit Reporting Act is applicable
when a third party is used to conduct employment background checks. Applicants must give
their permission and be informed of negative consequences as a result of the inquiries. (Radoqna
– 2011)
Use of social media best practices
If an organization chooses to use social media at any point in the hiring process there are a
number of best practices which can help them to minimize the numerous legal pitfalls including
disparate impact. First, no one should ever ask an applicant for passwords to their social media
accounts, nor should anyone in human resources or management be allowed to become friends
with them. Second, be consistent, check everyone and do so after the initial interview when
information concerning belonging to a protected class may become knowledge. (Segal – 2014;
Radoqna – 2011; Brown & Vaughn - 2011). Next, document all reasons for hiring, or not hiring,
an applicant and maintain copies of supporting documentation. Finally, so as to avoid concerns

5. with The Fair Credit Reporting Act, the HR Department should appoint someone to check
applicant’s social media sites. This person should receive training on what information is
considered relevant for the position, and is allowed to be legally used in the hiring process. Any
information that they obtain which does not meet these standards will not be reported. (Walker –
2010; Radoqna 2011)
Are Hiring Managers and Recruiters using the information obtained from social media?
The use of social media for recruitment continues to increase especially as a means of recruiting
passive candidates as well as certain skill sets. According to a survey of members conducted by
The Society for Human Resource Management in 2013 77% use social media in recruiting an
increase of 56% from 2011 and 34% from 2008. Recruiters and HRM’s are also posting
information, and contributing to discussions, on social media not only as an indirect recruiting
tool, but also to maintain a company presence on various social networking sites. Legal
concerns are by far the main reason social media is not used by over half of the members
surveyed by The Society for Human Resource Management in 2013. However 63% stated that
the information wasn’t relevant to performance or potential on the job (The Society for Human
Resource Management – 2013) which points to the need for additional research in these areas.
(Kluemper & Rosen)
Conclusions
Important questions surround the use of social media in of the hiring process and organizations
must develop detailed policies concerning all aspects of their use. By doing so it will be possible
to limit the adverse impacts, including disparate impact and discrimination, while utilizing an
effective tool to reach qualified candidates.

6. References
Brown, V. R., & Vaughn, E. D. (2011). The Writing on the (Facebook) Wall: The Use of Social
Networking Sites in Hiring Decisions. J Bus Psychol Journal of Business and Psychology, 26(2),
219-225
Karl, Katherine & Peluchette, Joy (2009). Facebook Follies: Who Suffers the Most?.Setzekorn,
Kristina, Romm-Livermore, Celia, Social Networking Communities and E-dating Services :
Concepts and Implications (pp 212-224)
Kluemper, D. H., & Rosen, P. A. (2009). Future employment selection methods: Evaluating
social networking web sites. Journal of Managerial Psychology Journal of Managerial Psych,
24(6), 567-580.
Leonard, B. (2013, September 12). Can Facebook Be a Sourcing Tool for Recruiters? .
Retrieved January 28, 2016, from
http://www.shrm.org/hrdisciplines/technology/articles/pages/can-facebook-be-sourcing-tool-for-
recruiters.aspx
Raoqna, J. (2011, August 9). Be Careful When Using Social Media in Hiring Decisions.
Retrieved January 16, 2016, from http://ezinearticles.com/?Be-Careful-When-Using-Social-
Media-in-Hiring-Decisions&id=6527995
Schawbel, D. (n.d.). How Recruiters Use Social Networks to Make Hiring Decisions Now |
TIME.com. Retrieved January 28, 2016, from http://business.time.com/2012/07/09/how-
recruiters-use-social-networks-to-make-hiring-decisions-now/
Segal, J. A. (n.d.). LEGAL TRENDS Social Media Use in Hiring: Assessing the Risks Vol.
59 No. 9 When it comes to using social media for hiring, it's all about balancing risk. Retrieved
January 28, 2016, from
http://www.shrm.org/publications/hrmagazine/editorialcontent/2014/0914/pages/0914-social-
media-hiring.aspx
SHRM Survey Findings: Social Networking Websites and Recruiting/Selec... (2013, April 10).
Retrieved January 28, 2016, from http://www.slideshare.net/shrm/social-
networkingwebsitesrecruitingselectingjobcandidatesshrm2013final
Walker, N., Esq. (2010, December 01). Watch out for pitfalls, risks of using social media in
hiring. Retrieved January 28, 2016, from
http://www.thehrspecialist.com/article.aspx?articleid=35031

7. Zielinski, D. (2014, April 2). Recruiters Turn to Niche Social Sites to Find Talent. Retrieved
January 28, 2016, from http://www.shrm.org/hrdisciplines/technology/articles/pages/recruiters-
turn-to-niche-social-sites.aspx