For purposes of this topic, social media includes all electronic social networking sites through which applicants and employees may congregate, such as Facebook, Twitter, various blog-hosting sites, and LinkedIn. While there are hundreds, if not thousands, of such sites, the law regarding the use of social media in employment is still in its infancy. As there have been very few reported court cases regarding it, this chapter is limited to discussing potential issues that may arise in using social media in employment decisions, rather than providing definitive answers regarding such usage.
Generally, it is easiest to think about the employment issues regarding social media in two timeframes:
The use of social media in the pre-hire screening of applicants for employment is fraught with peril. It is especially dangerous during the pre-interview stage, though risks continue to linger even thereafter. It is impossible to anticipate every single issue that might arise from using social media during pre-hire screening. However, the following sections address some of the major concerns.
Many social media sites, including Facebook, contain postings that...
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