Part 1

Social networking sites such as Friendster, MySpace and Facebook are becoming useful resources for employers. Although there is no case law on the subject, there is growing concern that disgruntled job applicants will allege discrimination in the hiring process if their online profile, blog, or chat log prevents them from securing a position.

Steven Rothberg, founder of CollegeRecruiter.com points out: “Many people, especially students have an unreasonable expectation of privacy. There’s some awareness, and some password protections are being put in place for MySpace users, but on the whole, many of the younger generation think it’s a good thing to be an exhibitionist and talk about bad behavior.”

Rosemary Haefner, Vice President of Human Resources at CareerBuilder.com notes that candidates tend to be more honest in online blogs and profiles than on their resumes. A simple Google search can reveal an applicant’s fabricated qualifications in a matter of minutes.

As younger people enter the human resources field, it is likely that use of social networking sites to screen candidates will significantly increase. If discrimination suits arise, it will be difficult for plaintiffs to prove that the disqualification stemmed from a blog post or online profile. George L. Lenard, a labor and employment attorney, recommends that companies enact clear policies regarding internet screening of potential employees to avoid exposure to liability for discrimination.

The solution for job candidates is simple. By limiting the amount of negative information on personal blogs, social networking profiles, and both public and private online conversations, an applicant can easily protect his or her reputation.

Source: “Online Background Checks: As social networking sites grow, so does the ability of employers to discriminate,” Elizabeth Millard, ABA Journal, January 2007.

Statistics on Online Background Checks:

- More than one in 10 hiring managers search social networks to screen candidates, according to one CareerBuilder.com survey.

- Less than one in four hiring managers perform an Internet search to screen job candidates, according to Rosemary Haefner, CareerBuilder.com’s vice president of human resources.

Source: “Online Background Checks: As social networking sites grow, so does the ability of employers to discriminate,” Elizabeth Millard, ABA Journal, January 2007.