The English idiom “Don’t Judge a Book by Its Cover” is a metaphorical phrase which cautions listeners not to assume or judge the worth of something by mere outward appearances alone. The same caution should be used when using social media in the hiring process.
Social media is an integral part of most of our daily lives. Social media is a phenomenon that will only continue to grow as time goes on. Here are some amazing statistics from Brandwatch concerning the growth social media.
We use social media for nearly everything in our daily lives. Gathering information, planning events, sharing media, and connecting with people around us. Even businesses use social media every day. People’s social media sites they use serve as digital footprints of who they are as people. But should you use social media as a resource to research prospective candidates?
Is it Legal?
According to the U.S. Equal Employment Opportunity Commission (EEOC) concerning background checks it is absolutely legal for employers to ask questions about an applicant’s background, or to require a background check. require a background check. But, the employer cannot conduct background checks or use the information obtained in a manner that denies equal employment opportunity to anyone on a protected basis, by intent or by unlawful disparate impact.
Furthermore, the EEOC states, “Any time you use an applicant’s or employee’s background information to make an employment decision, regardless of how you got the information, you must comply with federal laws that protect applicants and employees from discrimination. That includes discrimination based on race, color, national origin, sex, or religion; disability; genetic information (including family medical history); and age (40 or older).”
The Solution
The Orsus Group works very hard to comply with federal laws that protect applicants and employees from unlawful discrimination. We believe that the applicant research process should be lawful and in accordance with EEOC guidelines. To avoid personal bias and discrimination we recommend to our fellow businesses and clients to use social media with caution as a source for researching prospective employees. It is imperative to have some policies to guide social media usage and how to avoid potential discrimination or unfair hiring practices.
Using social media as a source for research creates a dangerous situation where unfair biases can be formed based on personal factors. Applicants’ and employees’ social media pages are filled with personal information such as their race, sex, religion, sexual orientation, political beliefs, etc. None of these factors should ever determine a candidate’s ability for a success within a position.
Even if you don’t use the information gathered from your social media screening of candidates it could be very difficult to prove that it didn’t affect your hiring decision. Failing to prove you didn’t use social media information in an unethical way could result in legal problems for you and your company.
