EmployeeScreenIQ Blog

Come on guys, don’t you read our blog? BAD IDEA!!  Just call your counterparts in Bozeman, Montana and ask them how embarrassing it was when that story hit the news.

Police recruits screened for digital dirt on Facebook, etc.

By Kevin Johnson, USA TODAY

Law enforcement agencies are digging deep into the social media accounts of applicants, requesting that candidates sign waivers allowing investigators access to their Facebook, MySpace, YouTube, Twitter and other personal spaces.

Some agencies are demanding that applicants provide private passwords, Internet pseudonyms, text messages and e-mail logs as part of an expanding vetting process for public safety jobs.

More than a third of police agencies review applicants’ social media activity during background checks, according to the first report on agencies’ social media use by the International Association of Chiefs of Police (IACP), the largest group of police executives. The report out last month surveyed 728 agencies.

“As more and more people join these networks, their activities on these sites become an intrinsic part of any background check we do,” said Laurel, Md., Police Chief David Crawford.

Privacy advocates say some background investigations, including requests for text message and e-mail logs, may go too far.

“I’m very uneasy about this,” says Marc Rotenberg, executive director of the Electronic Privacy Information Center. “Where does it all stop?”

During the IACP’s conference last month in Orlando, about 100 chiefs and other law enforcement officials who attended sessions on vetting applicants’ social media use said they either request waivers and other personal information from applicants or are developing policies to do so.

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EmployeeScreenIQ’s Nick Fishman will be speaking at the Wisconsin State SHRM Conference in Appleton, WI at the Radisson Paper Valley Hotel and Conference Center on October 7, 2010 at 10:30am.

Technology has dramatically changed the way we compete for talent and screen prospective employees, but nothing approaches the impact of social networking.  With the widespread use of Facebook, LinkedIn, and other sites comes a new wave of legal liabilities for both recruiters and screeners. Other emerging technology threats include online diploma fraud, employment mills that manufacture work experience, screen scraping, and more.  Employers need to develop best practices and policies in order to successfully manage Web 2.0 technologies.

Join EmployeeScreenIQ’s Chief Marketing Office,  Nick Fishman for an informative session about how to protect your company in the age of Facebook.  You’ll learn which social networking sites are most popular with recruiters and applicants, and their impact on employment screening and the hiring process.  Attendees will also learn how to develop a social media policy and spot the warning signs of diploma and employment mills.  Finally, you’ll examine other Web 2.0 trends such as screen scraping and instant screening.

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Yahoo! Finance had a great article this morning on things an employer can’t ask a candidate.  These things range from your age to your marital status.  This topic plays well into the presentation I have been doing all across the United States about recruiting and Web 2.0.  Just looking at someones facebook and/or LinkedIn page could put you and your company in peril.  (Shameless plug, for my next speaking engagements click here!) We are working hard to make sure employers are not barred from asking about past criminal history, however, many states and the EEOC would like to see things differently.  These things don’t change the fact that we are in a tough economy, people need to work.  Because of these desperate times, candidates sometimes take desperate measures…..They Lie!  Employers can still comply with the EEOC, ADEA, ADA, OFCCP, Order 11246, ETC, etc, etc….and still find quality candidates that tell the truth. How you ask?  Read the thousands of articles, white papers and positions statements we have written on our Blog and University.

According to Yahoo!

The rough economy has made many people desperate for a job. In their eagerness for gainful employment, many people may overlook improper interview questions. Depending on how they are asked, questions about personal topics such as marital status, race and health are more than just poor manners – they are illegal under federal and some state and local laws. These types of questions can be used to discriminate against applicants, and it is your right not to answer them. Here are eight questions your employer cannot ask you.

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I guess CNN didn’t read our White Paper on Social Networking Sites prior to writing this story.  Had they, the story might have been more of an expose.  Fact; employers are using social networking sites to vet prospective employees.  Fact; job-seekers should be careful about what they post online.  Also Fact and not reported; employers put themselves at great risk by utilizing this practice when screening candidates.  As we have written countless times, Caveat Emptor – buyer beware.  The EEOC is taking a good look at this practice.  Aside from the many other hiring policies this could violate, the most obvious is Title VII of the EEOC.  A picture says a thousand words, a picture may also reveal a protected class and get you sued!

Young job-seekers hiding their Facebook pages

(CNN) — Justin Gawel says there’s nothing too incriminating on his Facebook page.

“There are a lot of pictures of drinking [but] nothing naked or anything — at least I don’t think so,” he said jokingly.

Even so, the Michigan State University junior recently changed his Facebook display name to “Dustin Jawel” to keep his personal life from potential employers while applying for summer internships.

Although Gawel ditched his rhyming alias after two weeks when he realized Facebook users also can be searched by e-mail address, school and network, he is not alone in his efforts to scrub his online résumé. Many students and recent graduates say they are changing their names on Facebook or tightening privacy settings to hide photos and wall posts from potential employers.

And with good reason.

A recent survey commissioned by Microsoft found that 70 percent of recruiters and hiring managers in the United States have rejected an applicant based on information they found online.

What kind of information? “Inappropriate” comments by the candidate; “unsuitable” photos and videos; criticisms of previous employers, co-workers, or clients; and even inappropriate comments by friends and relatives, according to the survey report, titled “Online Reputation in a Connected World.”

Such prying into his online life makes Gawel uncomfortable.

“I understand that when [employers look] at someone’s Facebook page, they’re just trying to paint a bigger picture of the people they’re hiring — so they’re not just a name on a résumé,” he said. “But that doesn’t demonstrate whether they can do the job. It shouldn’t matter what someone does when they’re not in the office.”

Gawel said he’s not sure that employers would object to the information on his Facebook page. For him, it’s more about personal privacy.

“Too many people take pictures of you. I didn’t want to go through and ‘untag’ all of them,” he said. “There’s nothing illegal or too ridiculous in the photos … but people don’t take pictures of people studying or doing school work. They take pictures of people at parties and doing silly things.”

For better or worse, online screenings may be a permanent part of the 21st-century hiring process. The Microsoft survey found that 79 percent of U.S. hiring managers have used the Internet to better assess applicants.

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In the past week Facebook finally posted its updated privacy controls and policy.  Many media outlets are reporting that these new controls do anything but protect ones privacy.  In our effort to further educate employers about using social networking sites for background screening our case is sustained further to job seekers who are worried about what someone can find.  As a screening company we are all for open information to  employers, however, in many cases the information is misleading and even fraudulent.

Privacy advocates slam Facebook change

SAN FRANCISCO (AFP) – Privacy advocates slammed revamped Facebook privacy controls on Thursday, saying the change masks a move to get members to expose more information online.

“These new privacy changes aren’t so great for privacy,” said Nicole Ozer, northern California technology and civil liberties policy director for the American Civil Liberties Union (ACLU) rights group.

“It’s great that 350 million people are being asked to think about privacy, but if what Facebook says is true about giving people more control over their information, they have a lot more work to do.”

Online rights organization Electronic Frontier Foundation (EFF) labeled aspects of Facebook’s privacy change “downright ugly.”

The world’s leading online social network fired back, saying its critics are wrong and that time will prove that Facebook is taking “a giant step forward.”

The controversy came a day after Facebook began requiring users to refine settings with a new software tool that lets them specify who gets to be privy to each piece of content uploaded to the website.

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Facebook is working really hard to combat online sexual predators and other deviant behavior on its popular internet portal.  Facebook is the leading online social networking tool with over 300 million subscribers.  This online safety board is a great step towards thwarting this type of activity.  I think a great next step is for them to educate employers on the perils of using its site for background checks.  As our readers know well this is a topic we have written passionately about for a few years now.  We look forward to one day collaborating with the folks over at Facebook on how to better protect employers and applicants alike!

NEW YORK (Reuters) – Social networking site Facebook said it has formed an advisory board comprising five Internet safety organizations to consult on issues related to online safety.

Facebook plans to regularly meet board members to review existing safety resources it provides its users, develop new materials and seek advice on general safety best practices.

The first task of the board will be to oversee an overhaul of safety content in Facebook’s help center.

The organizations on the board are Common Sense Media, ConnectSafely, WiredSafety, Childnet International and The Family Online Safety Institute.

Facebook and rival MySpace, owned by News Corp, have deals with state attorneys general to increase efforts to protect their youngest members from abuse.

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We will kick off this weekends wrap up with a timely story from the National Football League (NFL).  Like my Cleveland Browns, the Oakland Raiders just can’t catch a break.  Fortunately for them they have a marker in the W column.  Unfortunately for them they have a bit of controversy off the field.  They are bracing for the possibility that coach Tom Cable could be arrested soon for an alleged assault on an assistant coach.  If charged, Cable could be suspended by the league.  If convicted Cable could run into serious problems if his next team decides to screen his criminal background.  More on that story here!

Making history today is Justice Sonia Sotomayor the first Hispanic justice of the United States Supreme Court.  Replacing retired Justice David Souter she will begin the new term with some interesting cases.  Background checks and gun laws will definitely be on their docket this year.  Most notably will be McDonald v. Chicago.  In 2008, the justices ruled in a case from the District of Columbia that the Second Amendment bestows an individual right to keep and bear arms. Because the case originated in a federal enclave, the justices passed on the question of whether the Second Amendment also applies to states, thus calling into question gun regulations in those jurisdictions. The justices have now taken up this question and are expected to decide whether citizens in Chicago — which has one of the most restrictive gun regulation regimes in the country — also enjoy the same Second Amendment rights as do their brethren in the District. This case was recently granted and is expected to be heard some time in early 2010.

In workplace violence news Forbes Magazine ran a story, Experts: US worker-on-worker violence under-reported.  Stemming from the murder at Yale Universtiy of Annie Le, they write about some interesting statistics.  Workplace homicide has dropped dramatically, to 444 such cases last year from twice as many in 1995, according to government statistics. And most of those deaths occur in robberies of taxi drivers and clerks. The worker-on-worker homicide rate hovers around a hundred a year nationwide, leaving little data to help predict who is likely to kill a co-worker, said Tom Tripp, co-author of “Getting Even: The Truth About Workplace Revenge.” More on this story Click Here

In a follow up to a story we wrote about extensively a few months back….Investigator: Bozeman’s Internet background checks weren’t voluntary.  If you remember this one, the City of Bozeman MT was asking job applicants to supply investigators with their passwords so they could access their Facebook and Myspace accounts as part of the pre-employment screening process.  The city suspended the policy in June of 2009 after they came under fire for the practice.  However, it appears as part of their investigation into the procedure they have found hiring managers got carried away with the practice! More on this story Click Here

This one should scare you if you have elderly relatives in Florida.  Florida lawmakers vow changes after learning of laxness, loopholes in checking child and elder care workers – Florida legislators pledged to overhaul state law to require that caregivers for children and the elderly undergo background checks before they begin work and to close loopholes that have let thousands of felons get jobs in day care and nursing homes.

The proposed reforms come after a Sun Sentinel investigative series last week identified disturbing flaws in the background screening system that allow people to work with Florida’s most vulnerable residents before the caregivers have been vetted. More on this story Click Here

And finally a Kidnapping plot proves the importance of background checks.  The man accused of plotting to kidnap two young girls from a bus stop and hold them for ransom made his first appearance in court on Friday.

Police say Ruben Garcia-Rosario parked his car near the girls’ bus stop to take pictures of them. Rosario is an illegal immigrant who had done some painting at the family’s house, according to investigators.

Would you let someone in your house without properly screening them?

More on this story Click Here

Well that’s it!  Have a great week and check back regularly for stories and comments in the background screening world!

If you have stories you would like us to blog about or post please feel free to email us at blog@employeescreen.com

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During Tuesday’s much publicized and controversial speech President Barack Obama touched on a subject we are very passionate about.  Echoing the plethora of articles we have written about over the last several years Obama warned of the perils of sites such as Facebook and MySpace.

“Well, let me give you some very practical tips. First of all, I want everybody here to be careful about what you post on Facebook, because in the YouTube age, whatever you do, it will be pulled up again later somewhere in your life,” Obama said.

“And when you’re young, you make mistakes and you do some stupid stuff. And I’ve been hearing a lot about young people who — you know, they’re posting stuff on Facebook, and then suddenly they go apply for a job and somebody has done a search.”

Where EmployeeScreenIQ has warned employers from using such information, he tells kids to be careful about what the put out there in the first place.  A smart strategy knowing that not all employers take our advice!  Aside from the many EEOC issues an employer could encounter there are several other Federal mandates one could violate. Most notibly is the Fair Credit Reporting Act.  (FCRA). To see one of our many presentations on the subject, feel free to visit here!

Obama Warns Teens of Perils of Facebook

WASHINGTON (Reuters) -

President Barack Obama warned American teenagers on Tuesday of the dangers of putting too much personal information on Internet social networking sites, saying it could come back to haunt them in later life.

The presidential words of advice follow recent studies that suggest U.S. employers are increasingly turning to sites such as Facebook and News Corp’s MySpace to conduct background checks on job applicants.

Taking part in a question-and-answer session with a group of 14- and 15-year-old school students, Obama was asked by one pupil for some advice on becoming U.S. president.

“Well, let me give you some very practical tips. First of all, I want everybody here to be careful about what you post on Facebook, because in the YouTube age, whatever you do, it will be pulled up again later somewhere in your life,” Obama said.

“And when you’re young, you make mistakes and you do some stupid stuff. And I’ve been hearing a lot about young people who — you know, they’re posting stuff on Facebook, and then suddenly they go apply for a job and somebody has done a search.”

Obama referred several times to “mistakes” he had made when he was at school but offered no specifics. He has previously admitted to drug use when he was younger.

A survey in June by careerbuilder.com found that 45 percent of employers used social network sites to research job candidates and that Facebook, which says it has 250 million users worldwide, was their site of choice.

Some 35 percent of the employers surveyed said they had found content on the sites that had influenced them to reject a candidate. Examples included inappropriate photographs, information about the applicants’ drinking or drug use, or bad mouthing of previous employers, co-workers or clients.

The Obama White House frequently uses Facebook, Twitter and other social networking sites to bypass the media and communicate directly to Americans.

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 The following story isn’t anything new to our readers.  We’ve stated time and time again that employers should not use social networking sites as a way to investigate job candidates because the information you find may not be truthful in nature.  How do you know that the Facebook profile filled with bad language and borderline inappropriate photos you are looking at is your candidate’s creation and not the invention of a former friend, spouse or co-worker with an ax to grind?  Denying someone a job based on information found on a social networking site could be asking for trouble. 

But what about offering someone a position with your company based on the favorable information found in their profile?  This section of the article peaked my interest:

“On the other hand, some candidates are doing a good job of presenting their professional side when posting online. Half of those who screened candidates via their social networking profiles said that they got a good feel for the person’s personality and fit within the organization. Other employers said that they found the profiles supported the candidates’ professional qualifications or that they discovered how creative the candidate was. Solid communication skills, evidence of well-roundedness, and other people’s good references (we assume this one came from LinkedIn) helped boost people’s credentials, too.”

With all of the press surrounding employers using sites like Facebook, MySpace, LinkedIn and Twitter to screen job applicants, it’s only a matter of time before applicants catch on and create fake profiles to make themselves look more qualified and professional than they really are (and maintain their real profiles under a pseudonym known only to the people they want to know).  And those references you see on LinkedIn – I could have a handful of glowing references on my profile by the end of the day just by sending a mass text to my old high school and college buddies.

Employers - Don’t believe the hype about how great social networking sites are to screen candidates.  Can you imagine having to explain to your boss: “Well, their facebook profile looked okay…” 

Click to read “Uncouth Facebook postings closing doors for job candidates”

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Two great blog postings from two great online legal sources.  The first by Jon Hyman of Korman, Jackson and Krantz talks about a restaurants liability of firing employees after reading their Myspace posts.  This does not fit with our argument about not using it for background screening prior to hiring but it is closely related.  If you read our story about Bozeman Montana you will see how this jury finding is important and timely.  The practice of requiring employees to divulge their passwords violated the Stored Communications Act.

The second story comes from the Legal Blog Watch.  In it, 69 year old human rights activist Khedija Arfaoui is facing an eight month jail sentence in Tunisia for posting a message on Facebook about rumors of children being kidnapped in the country for their organs.  Enjoy!

Jon Hyman Blog

Carolyn Elefant Blog

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