The Dangers of Social Networks

Who isn't on some type of social networking site? Recent surveys of employers show that almost half of employers now use social networking sites to screen job applicants. However, while social networking sites may give employers a new tool in vetting job applicants, especially in providing information that would not typically be obtained from the interviewing process, using such sites could expose employers to liability under federal anti-discrimination laws. For example, a prospective employer prescreening employees using a site like Facebook could view information that could reveal an applicant's religion, race, or protected characteristic. Subsequently, if an applicant isn't hired, they could claim that the employer's discovery of such protected characteristic resulted in the employer's decision not to hire them. To avoid liability, the employer would have to face the not particularly easy task of proving that its knowledge about the applicant's race or religion did not factor into its hiring decision.

The hiring process is not the only arena in which employers should be cautious in using information obtained from social networking sites. Governmental agencies may face increased scrutiny in the monitoring of employee's online communications since the First Amendment has been held to protect the communications of government employees. And in recent years, private employers have had to address challenges made against them by the National Labor Relations Board, when employees have been disciplined for posting comments critical of their employers on the employee's personal social networking sites. The NLRB's rational for these challenges is based on federal law that protects both unionized and non-unionized employers to openly discuss working conditions.

Like most new technologies, the growth of social media networks provides employers and employees with new opportunities and risks. Fincher Denmark and Williams is ready to assist employers, both public and private, in evaluating and developing policies related to the use of social media networks. You can contact us by email at cellison@fdwlaw.com or by phone at 770-478-9950.

Disclaimer: This article is designed to provide general information only. The information presented here is not intended to constitute formal legal advice nor is the provision of the same meant to result in the formation of a lawyer/client relationship.