So many of us are living active online lives, inadvertently and unintentionally providing employers and potential employers with a significant amount of personal information when we share on Facebook, Instagram, Twitter, and other platforms. Consequently, employers can learn more about a person online than what they glean from a resume or through professional interactions in the workplace. Is it ethical and/or legal for employers to access and review personal information to learn more about job candidate or current employee?
As long as an employer reviews public posts and information, there are no direct laws that prohibit them from reviewing a candidate’s social media and using the information to make their decision.
That said, civil rights laws prevent employers from dismissing qualified candidates over prohibited grounds, including color, race, sex, religion, or national origin and to the extent what you learn causes you to not hire a candidate for these reasons it is illegal.
Several states have laws that prohibit employers from taking negative action against employees based on their legal conduct while off-duty. Some of these laws also protect applicants. For example, in New York, it is illegal for an employer to refuse to hire an applicant because of his or her legal political activities or consumption of legal products, such as tobacco or alcohol. An employer that discovers this type of information on social media may not act on it.
Still, it is legal for employers to check employees’ social media profiles. I guess the question is what is your goal in doing so. In the case of a candidate, the goal is likely to do your due diligence prior to making them an offer to join your company. In the case of an employee, that purpose is less clear. It might be that you have a concern you wish to validate. I would carefully consider your purpose, make sure that purpose could not be construed as discriminatory, and whether researching an employee's social media activity will achieve your goals.
Advice presented is for informational purposes only, does not constitute legal advice or opinion, and should not be relied upon as such. Because laws vary from state-to-state, you should also check your state and local regulations and your attorney with respect to any particular issue or problem. This post is provided by Alera Veterinary, a Silver Business Alliance Partner to the VHMA and do not represent the opinion of VHMA. VHMA, Alera Veterinary (a division of Alera Group), GCG Financial, LLC and AleraHR Workplace Pro do not accept liability due to errors or omissions and any action or failure to act based on the information or advice provided is at your sole discretion.
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