Internet and Social Networks

“The Internet and Social Networking in the Workplace”. (Ford & Harrison Seminar, June 23, 2009) (Timothy Bland)

Recent court case, “Gross vs. FBL Financial Services Inc.”-Age discrimination harder to proved discrimination. Age “but for” consideration. (Action would/not have been taken “but for” age as only consideration.)

One problem with this area is that there hasn’t been many Court Cases, law etc. in this area.

-Use of Internet search to research applicants (pre-hire screening”.

-May learn information shouldn’t consider for hiring (gender, race, national origin, etc.)

-Information may be incorrect

-May not be job related information (may include children, disability, age etc.)

-May be invasion of privacy? (not if public website)

-Watch for violation of the Fair Credit Reporting Act, Federal Computer Fraud and Abuse Act, fake “MySpace, Facebook” pages.

-EEOC guidelines for screening tests are each test must be “relevant” to the job being filled. Also, compare with questions you would ask in an interview, make sure doesn’t violate what you can ask.

-Procedures for using internet for screening:

-Create specific Procedures and Policies

-Read the terms of use of the sites that will be used and make sure use is appropriate

-Be consistent, document.

-Use social networking sites as late in the hiring process as possible.

-Consider notice to applicants

Use of Internet Screening for existing personnel

-Give “fair warning” if monitoring.

-“Electronic Communicatoins Privacy Act”

-Sign for personnel handbook

Make sure employees do not create a “negative workplace” (comments about other employees, sexual comments etc.)

Possible claims by employees for monitoring:

-Whistleblowing/retaliation

-Wrongful termination

-Violation of NLRA

-Discrimination (unequal treatment)

-Harrassment

-Protected Political speech (some states)

Reducing your risk (of employees using social networking pages, blogs etc.:

-Written Policy, disseminated, acknowledged

-Disclaimer (personal views)

-No confidential or trade secret information

-Don’t defame or disparage

-Offensive behavior policy applies on-line

Caution in discipline

-Treat everyone the same

-Beware of protected activity

Require employee agree to access of social networking pages

Require applicants to disclose any social networking pages

Overall, an excellent overview of a developing problem