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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A couple weeks ago, ERE’s Todd Raphael posted a story about a new technology that aggregates information on job candidates through social networking sites as part of their employment screening efforts.  See excerpt below.

Employee referrals and social media have begun to blend together. Could background checks and social media be next?

A new company called “Social Intelligence” says it’ll “track the worldwide network of social media, including Facebook, Twitter, Flickr, YouTube, LinkedIn, individual blogs, and thousands of other sources.”

Social Intelligence will, within 24-48 hours, produce a report on a job candidate using both automation as well as humans, the latter there to make sure there aren’t “false positives.” It says it will weed out “protected class” information it finds, such as race and religion. The company is also offering a version to monitor what existing employees are up to.

Nick Fishman, the co-founder of EmployeeScreenIQ, doesn’t envision his or other similar companies going down the social-media background-checking road. “Not only are they not now, but I don’t foresee getting into it in the future,” he says. “It’s a hornet’s nest.” Awaiting employers in that nest, he says, are FCRA regulations and EEO rules.

When Todd and I spoke, I didn’t have the benefit of seeing what the interface would look like (see below). Having seen it, I’m even more entrenched in my position that employers should stay away from this. However, I think the concept could be extremely valuable for job seekers that want to conduct background checks on themselves.  With ratings such as “Demonstrating Potentially Violent Behavior” and “Poor Judgement”, this site might as well be a lawsuit in a box for employers.

There were a lot of comments generated on ERE as a result of this post (mainly from those warning against the use of this technology).  See a few samples below:

PCRecruiter’s Martin Snyder said, “I would not want to be that firm’s insurance company, at least until a few libel claims have been court-tested. I also would not want to use a selection or ranking method that has not been shown/tested to be free of disparate impact.”

Dr. Wendell Williams said, “I have to say I am not fond of this idea on so many levels. In my opinion, social networking as an effective hiring tool ranks right along with tea-leaves, astrology, and handwriting analysis. That said, anyone with sufficiently poor judgment to demonstrate inappropriate behavior in a public medium probably deserves what they get. To the best of my knowedge the role of a recruiter (corporate or otherwise) is identify people who are job-qualified…and, aside from the potential for making a perfect jerk out of yourself, I don’t see how social media does that.”

Charles Handler said, “I have to say that I feel this technology is a total invasion of privacy and good luck to anyone who uses it and expects that they are in any way impervious to lawsuits. It is a highly subjective measure that, when used as a selection tool, is in violation of best practices on so many levels. I can see the argument for it, I get it. Still, I cannot feel good about it. We are entitled to our privacy. I do feel people should be discreet about what they allow to be attached to their name on the web. But what about all those that keep things private, should they have an advantage over those who do not? I am not sure. At the end of the day, I could not recommend that my clients use this technology.”

Employers: Be afraid. Be very afraid.

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EmployeeScreenIQ’s Jason B. Morris will be speaking at the 53rd Annual PIHRA Conference in Pasadena, CA at the Pasadena Convention Center on September 21, 2010 at 2:00 pm pst.

Recruiting and Hiring Liabilities: Protecting Your Organization from the Harmful Effects of Web 2.0

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 President and Chief Operating Officer,  Jason B. Morris 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.

Please stop by and say hello if you plan to attend.

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We just returned from a great SHRM conference in San Diego.  My session on social networking and recruiting was a huge success, several hundred people attended.  Linchi Kwok, an assistant professor at Syracuse was nice enough to blog about it, see below:

Interestingly, Jason Morris, also discussed the application of social media in recruitment and selection, yet he focused more on social media’s potential risks to companies. According to Jason Morris, companies need to be very careful when using social media as recruitment and selection tool because of the EEOC regulations.

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Don’t look now, but it’s almost time for the Annual SHRM Conference.  I’m thrilled with this year’s destination of San Diego, but wish the airlines would cooperate a bit more.  Have you seen the airfares to San Diego from the Chicago or the East Coast?

EmployeeScreenIQ has a lot to talk about at this year’s conference.  We’ll be exhibiting on the show floor and conducting our IQ Podcasts; discussing our employment screening services and criminal background checks.  Of course, there will be plenty of giveaways.  We’ll also be raffling off two Apple iPad’s. Please stop by at Booth #1023 and say hello.

We also will be unveiling the results of our Background Screening Trends Survey which covers attitudes about emerging issues, diploma mills, laws that protect job applicants and more.  We had over 600 respondents and look forward to sharing this impactful study.

Lastly, EmployeeScreenIQ President and C.O.O., Jason B. Morris will be speaking about the dangers of using social networking sites to screen job applicants.

“Social Networking Sites: Can You Always Trust What You See?” is the title of the presentation, which will take place Monday, June 28, at 4 p.m. (PST) at the San Diego Convention Center. The 75-minute session will highlight a variety of emerging employment screening trends with a focus on the use of social networking sites to conduct background checks.

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Jason B. Morris, president and COO of EmployeeScreenIQ, will speak about the dangers of using social networking sites to screen job applicants at the 2010 SHRM Annual Conference and Exhibition in San Diego, Calif.

“Social Networking Sites: Can You Always Trust What You See?” is the title of the presentation, which will take place Monday, June 28, at 4 p.m. (PST) at the San Diego Convention Center. The 75-minute session will highlight a variety of emerging employment screening trends with a focus on the use of social networking sites to conduct background checks.

“The social networking revolution has changed many communication channels. Web sites such as Facebook, My Space, Twitter and LinkedIn contain a wealth of personal information, but many recruiters place their blind trust in the information found on these sites,” said Morris. “In many cases, this poses a threat to violation of the Fair Credit Reporting Act (FCRA) and EEOC guidelines and other regulations.”

Morris’ session will explain how recruiters and HR professionals can protect their company in the age of Facebook. Attendees will learn which social networking sites are most popular with recruiters and applicants, their impact on employment screening and the hiring process, and how to develop a social media policy. Finally, Morris will examine other Web 2.0 trends such as the rampant use of “diploma mills” and the emergence of phony online job reference sites known as “employment mills.”

The annual SHRM conference typically draws about 12,000 professionals in the HR and benefits space. This year’s keynote speakers include Al Gore, former vice president and the world’s leading voice of climate control, and Steve Forbes, president and chief executive officer of Forbes, Inc. and editor of Forbes magazine.

For more information on the conference, including speakers, exhibitors and registration, visit http://annual.shrm.org/.

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I was privileged to lead a panel discussion this morning for the Human Resources Management Association of Chicago entitled “Social Networking Issues: The Risks and Rewards Related to Facebook, LinkedIn & Twitter”.  The panel consisted of David Ritter, chairman of Neal, Gerber, Eisenberg’s labor and employment practice group, Alison O’ Hara, assistant general counsel at Follett Corporation, Courtney Hunt, founder and principal of Renaissance Strategic Solutions (RSS) and Mike Dwyer, senior consultant for Aon’s Organizational Performance and Implementation Group.

The panel focused on educating human resource professionals on the spectrum of social media platforms, how to build both a corporate and personal brand and of course, the pros and cons interacting with social media.  We didn’t get very far until the panel was asked what it thought of using social networking sites for background checks and employment screening.   I responded with the same thought many of you have heard me offer over the past several years.  As attorney’s, I was particularly interested in hearing both Alison and David’s thoughts.  David conceded that while there are certainly risks, he can understand why employers might be tempted to look.  And Alison mentioned, that there hasn’t been any remarkable litigation to date, but that all it takes is one example of an employer using it as part of an employee check in a discriminatory way to provoke strong reaction from the courts.  Both he and Alison agreed that you need to be extremely careful if you decide to engage in this practice.  They also said that if you were to find objectionable information, it all came down to a judgement call as far as a hiring decision was concerned.

Just some food for thought as you consider whether this practice is right for your organization.

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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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So, we’ve chronicled the issue of employers using the internet and social networking site to conduct background checks ad nauseum.  I’m all for beating dead horse (figuratively, of course), but I surmise we’ve done enough to highlight our opposition to this practice.  If you haven’t already done so, check out our free white paper, “Recruiting and Social Networking Sites: What You DO Know Can Hurt You.”

Instead of once again voicing our concerns, I found a great article written by Gary A. Olson, provost and vice president for academic affairs at Idaho State University.  Among the opinions Mr. Olson offers is that information found online cannot always be trusted.  See his comments below.

Too bad it is often so difficult to separate fact from fiction on the Web. Just because it’s been published doesn’t make it true, even in a newspaper article. Exercising genuine due diligence on a candidate’s background means thoroughly investigating information that seems disturbing or suspicious rather than simply trusting the source and assuming its validity. A thorough vetting may require numerous phone calls to parties in the know, but serious follow-through is essential to preserve the integrity of the search.

Most executive-search consultants are experts at the vetting process because their companies’ reputations are at stake. They will contact several people who are not listed as references on the candidate’s application—present and former supervisors, and even officials at previous institutions where the candidate once worked. They will also commission professional background investigations, which include verifying the candidate’s earned academic degrees as well as conducting a complete credit history and a criminal-background check.

Thanks Mr. Olson.  We couldn’t have said it better ourselves.  Check out the full article here.

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Our good friend Jon Hyman, employment attorney at Kohrman, Jackson and Krantz just posted results of an alarming study conducted by Microsoft which showed that 70% of U.S. hiring managers reject candidates based on information they’ve posted online.  Yet the study also revealed that 90% of hiring managers are somewhat to very concerned that the information can be inaccurate and unreliable.  For more on this topic check out our recent white paper, Recruiting and Social Networking Sites: What you Do Know Can Hurt You.

Before we get into the study, I want to post Jon’s thoughts on this practice. “There is a justified fear that a lot of the information on the internet is unreliable and unverifiable. I have another problem with HR departments willy-nilly performing internet searches on job applicants – the risk that such a search will disclose protected information such as age, sex, race, or medical information.”

According to a recent survey conducted by Microsoft, 70% of U.S. hiring managers reject candidates based on information located online, while only 7% of consumers think that online information affected their job search.

The following are the most two most interesting findings from the study:

Do you review online reputational information about candidates when evaluating them for a potential job / college admission?

• All the time – 44%
• Most of the time – 35%
• Sometimes – 9%
• Rarely – 5%
• Never – 6%

What are the types of online reputational information that influenced decisions to reject a candidate?

• Concerns about the candidate’s lifestyle – 58%
• Inappropriate comments and text written by the candidate – 56%
• Unsuitable photos , videos, and information – 55%
• Inappropriate comments or text written by friends and relatives – 43%
• Comments criticizing previous employers, co-workers, or clients – 40%
• Inappropriate comments or text written by colleagues – 40%
• Membership in certain groups and networks – 35%
• Discovered that information the candidate shared was false – 30%
• Poor communication skills displayed online – 27%
• Concern about the candidate’s financial background – 16%

And yet, nearly 90% of recruiters and HR professionals surveyed report that they are somewhat to very concerned that the online reputational information they discover may be inaccurate. If you want to review the complete findings, Microsoft has made available a summary as a PDF, and its full research results as a PowerPoint.

What does all of this mean? Here’s what I’ve said previously on this issue:

There is a justified fear that a lot of the information on the internet is unreliable and unverifiable. I have another problem with HR departments willy-nilly performing internet searches on job applicants – the risk that such a search will disclose protected information such as age, sex, race, or medical information.

For more on developing a DIY internet background screening strategy for your company, see Googling job applicants. You can also check out what the Delaware Employment Law Blog has to say on this issue.

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