Blog Rumble: Use of Social Networking Sites for Employment Screening
September 18, 2008
We have been pretty vocal about our opposition to the use of Social Networking Sites for employment screening purposes and have not heard many counter arguments from respected voices. Until now.
Employment attorney, Molly DiBianca has called me out in a very public way. (Okay, maybe she hasn’t called me out exactly, but isn’t sensationalism everything these days?) I’ve read a few of her posts concerning her support of this practice, and while I respect her opinion, I’m still not swayed. Nor are many FCRA experts that I have spoken with on the topic including top labor law firm Jackson Lewis who just released a survey on employers’ use of this practice. Included in this study was a comment from attorney Paul Siegel which supports our position.
” . . . taking adverse employment action against employees on the basis of their protected recreational activities outside of the workplace is unlawful.”
Last evening, I had dinner with two prominent employment attorneys who have considerable FCRA experience and both agree that using social networking sites, such as My Space and Facebook, for screening purposes is a bad idea whether the FCRA applies or not.
While I disagree with Molly, I think it would be short sighted and small minded not to show you her opposing view. Check it out.
What do you think?