Ask the Lukins & Annis Legal Professional - Social Media

Question: Should I screen potential employees through social media and blogging sites?

Answer: A recent poll from a popular online job site indicates that up to 50 percent of employees now review a prospective employee's social media website - such as Facebook - as part of the employment screening process. For any job seeker who haven't yet made their information private, such sites can provide a wealth of information. For example, an employer might learn that a potential employee has exaggerated their qualifications, exhibits poor communication skills, or exercises questionable judgment.

However, employers also need to be mindful of the possible legal implications of such online "eavesdropping" before using the information in hiring decisions. Along with relevant information, such sites may also reveal a candidate's marital status, religion, disability, or other protected trait that cannot legally factor into an employment decision. A hiring decision based on this information may subject an employer to potential discrimination claims. Employers who use such screening processes may be able to protect themselves against discrimination claims by insulating decision-makers from protected information and by implementing effective hiring policies.

The attorneys at Lukins & Annis, P.S. can assist you through the hiring process and beyond.

As originally printed in the Journal of Business - Spokane, in September 2010.

Labor & Employment