Employers That Use Social Networking Sites Face Legal Risks
More and more employers are using social networking sites such as MySpace and Facebook to obtain information about current employees and job applicants when making personnel decisions. Many employers believe it is essential to do so in light of potential liability for negligent hiring and retention. However, employers that use social networking sites in such a manner need to be aware of the legal risks.
- Discrimination and Retaliation
- Invasion of Privacy
- Federal and State Fair Credit Reporting Laws
- Off-Duty Conduct
Ultimately, employers that decide to use information obtained from social networking sites to make personnel decisions should carefully weigh the benefits of the information obtained versus the legal risks involved in doing so.
This article appeared in the March, 2009 issue of Talent Management Perspectives.