What employers should know about gathering info from social media
Preventing discrimination through social media use is something employers need to be aware of. State and federal laws prohibit employers from discriminating against employees based on race, color, national origin, gender, age, disability and other protected classes. In fact, employers must not ask prospective employees or current employees certain questions based on discrimination law. Therefore, using information obtained through social media to answer such questions and then basing employment decisions on the information would be discriminatory.
Basics about social media
Workplacefairness.org defines social media as any type of electronic communication through online communities for sharing information, ideas and other content. The following are forms of social media:
- Internet forums
- Blogs
- Social blogs
- Wikis
- Microblogging (Twitter, for example)
- Social media networks (Facebook, for example)
- Other online platforms
A 2018 survey revealed the following about employers’ use of social media:
- Companies have fired employees based on their social media comments and posts
- 38% of employers have fired employees over online content employees posted
- 70% of companies say they research job candidates on social media
- 57% of those 70% said they rejected applications based on the candidate’s social media information
How can employers use social media information?
There is no New York law that prohibits an employer from accessing an employee’s or potential employee’s social media information.
Social media posts can help you decide you whether a job candidate is qualified. They may also help you decide whether the job applicant would contribute to creating a good impression for your company. You can access professional credentials, view career objectives and decide on the person’s level of maturity. You can also note whether they abuse drugs or alcohol and find out about their current employment status.
However, you must not base your employment decision-making on personal information related to race, age, disability, national origin, religion or gender.
Do you have concerns about using social media for employment purposes?
If you have questions about how laws relate to social media and your business, arrange a consultation with an experienced employment defense lawyer. Call Stephen D. Hans & Associates, P.C. at (718) 275-6500.