On August 25, 2010, the Associated Press reported that a German law has been drafted making it illegal for prospective employers to spy on applicants' private postings. This draft law is the government's latest attempt to address privacy concerns about online services including networks. Under the proposed law, employers will still be allowed to run a search on the web on their applicants. Posting on networks specifically created for business contacts such as Linkedin won't be prohibited. But in contrast, it "will become illegal to become a Facebook friend with an applicant in order to access private details."
According to CareerBuilder, out of more than 2,600 hiring managers, 45% reported using social networking sites to research job candidates' backgrounds. The hiring managers either verified, or supplemented, information provided on the resumes. Social media's integration into the workplace is a growing trend. Job boards are growing and the social media is being used as an extension to the recruiting process. Companies are looking for new, cost-effective ways to recruit new talent.
But there are legal pitfalls in using social media in the recruiting process. While readily available, social media and the information available to employers has the potential to lead to discriminatory hiring practices. Laws prohibit bias based on race, color, religion, sex, nationality and age, as well as prohibit employment discrimination against qualified individuals with disabilities.
Social media such as Facebook provides a basic profile on all users. Easily accessible in the profile is personal information that you can't ask in an interview - race, religion, sexual orientation, relationship status, etc. The accessibility of this information creates a multitude of compliance issues. You have found the information on the internet. It's public knowledge. Now that you have the information, what do you do with it? Once you, as an employer, become aware of this information, how do you eliminate the protected information from the hiring decision? Does this information impact your decision?
Some companies recognize the potential misuse of the information and are taking steps to safeguard the integrity of their recruiting process. In 2009, Amegy Bank of Texas developed a policy prohibiting the use of social networking sites during the hiring process. To enforce the policy, Amergy's internet system blocks all social networking sites.
A report, Jobvite Social Recruiting Survey 2010, is based on an online survey by 600 participants between May and June. The social networking site most used by companies for recruiting is Linkedin (78%), followed by Facebook (55%).
Facebook? Obviously social media's involvement in job recruiting is more than just hype.
But the debate continues regarding the use of social networking sites during the hiring process. Is it possible to filter the information that is visible on an individuals' social networking site? Can you prove that you did not use protected information in the hiring decision.
