By Mike Sunnucks | Phoenix Business Journal
Six out of 10 human resource managers snoop at job applicants’ social media posts, according to a new survey. But fewer of those same HR bosses are making hiring decisions based on job seekers’ online activity.
Statement by Rose Law Group Employment attorney David Weissman: “While social media postings may lead to helpful information when evaluating job candidates, employers also need to careful when using this kind of information in making hiring decisions. Sometimes those postings may provide information regarding the candidate’s membership in a protected class, e.g. information about his or her age, race, religion, or disability, to name but a few. Once the employer is aware of this information, it runs the risk of a discrimination claim if it chooses not to hire that particular candidate.
“For those employers who choose to use social media to screen candidates, it is a good practice – at a minimum – to hold off on reviewing this type of information until after meeting with the candidate in person. This may reduce the risk of the employer being accused of making a snap hiring decision based on protected characteristics gleaned solely from the candidate’s social media postings.”
If you’d like to discuss employment or health care law, contact David Weissman, dweissman@roselawgroup.com
