In August 2010, German legislation banned the use of information from social networking sites when used in the employment process, but permitted the use of publically available information on job networking sites, such as LinkedIn. In fact, the Interior Minister, Thomas de Maiziére, recognized that social media is a private right stating that private social networks are private and not to be used as gateways for gaining information on job applicants. Though it may be difficult to prove that a company obtained information about a prospective candidate through their social media account, a firm in violation of this new law can face fines of up to $381,000 US dollars.
Germany is not the only country to side with the prospective
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As a society and for our economy, it is best if we follow suit and also ban the screening of applicants Facebook profiles.
III. LEGAL ISSUES: EXISTING LAWS WHICH DO NOT PROTECT PROSPECTIVE EMPLOYEES AGAINST EMPLOYERS SCREENING THEIR FACEBOOK ACCOUNTS
This section discusses the existing laws and statutes and how they do not protect prospective employees against employers screening of their Facebook Accounts. The Federal Employment Acts reviewed includes Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). In addition, the First Amendment, the Fourth Amendment, the National Labor Relations Act, and the Fair Credit Reporting Act will also be reviewed. Lastly, the state Lifestyle Statutes that will be reviewed and discussed are Colorado, North Dakota, New York, Connecticut, and California.
A. Federal Employment Acts
The Title VII of the Civil Rights Act of 1964 (Title VII), The Americans with Disabilities Act (ADA) , and the Age Discrimination in Employment Act (ADEA) are the Federal anti-discriminatory protections extended to job applicants. The Equal Employment Opportunity Commission (EEOC) is responsible for providing compliance guidance to employers. The EEOC
It is an effective way to eliminate bad applicants by checking their social media. This is not illegal, if one makes it public then it is public (Source A). Applicants should not be displaying behavior that could jeopardize a business. It shows a lack of maturity and unreadiness for work.
Private information that was previously segregated now becomes easily accessible to employers, colleagues, recruiters, and clients, among other perhaps unintended audiences” (Abril, 2012, para. 4). Yes, most social media sites attain privacy settings but one must always remember there are hiccups in everything on the internet and no guarantees leaks will not occur.
When looking for prospective employees, employers do not enjoy rifling through Facebook pictures of obscene pictures and statuses with crude language. Bad behavior of employees, even off the clock, made public by social media
Employers on our social media, this is a fact that everyone in this age accepts but do not necessarily like or want. Some people say it is okay to check social media when looking for who to hire, but this infringes on privacy rights. If an employer finds something discriminating on a profile and decides not to hire the person this is not okay, even though some may say it is because you want to know what you are getting into. An employer could find information that was not even true on social media, this would not work in favor of employment. It is not okay to check social media when employers are hiring because it invades privacy, discriminates and the information provided on the site could be false.
One of the most highly debated issues in the business world is the use of social media profiles as a determining factor in the hiring process. Some people feel that using someone’s social media profile is an invasion of privacy because it uses something from their personal life to determine their professional success. As long as the company follows some basic guidelines I believe there is nothing wrong with them looking into the profiles of their potential employees. It is important to point out that while looking at many of the different ethical ideologies, this practice does not violate the ethical conducts. Teleologists would agree that looking into someones profile will ensure that you are hiring someone who will conduct themselves in a proper manner. Therefore, the means of looking into their personal lives justifies the ends in which you hire a professional with good character. Deontologists would likely agree that as long as the company does not try to find loop holes to see into protected accounts that they are respecting the rights of the individual and therefore are not being unethical. I believe that it is reasonable for a company to use social media profiles as a basis for hiring because everything posted on the internet is public domain, it allows them to get an understanding of who the potential client is, and you want to ensure that you are hiring someone who fits in to your company.
Sites such as LinkedIn helps recruiters in recruiting candidates by expanding the reach of their personal networks, contact candidates directly, and manage an array of talent (Schawbel, 2012). With most people being aware that employers do reference their profile for character check, people do believe that employers have the right to view their information in order to learn about the candidates’ personality and to ensure the person is not a liability (Budden, Elkersh, Vicknair, & Yancey, 2010). In conclusion, employers should be using social media only for job-relevant purposes. Employers should take specific steps
Edmonds experience in the field of business allows him to make valid points in the discussion. Edmond believes that an employer should have the right to ask for the Facebook or social password for different reasons. One of the reasons that makes this event possible is the
Because adolescents are growing up with more access to social networking, texting and instant messaging on various sites have become prime means of communication. While this is not necessarily bad, many people feel the need to over-share things about their personal lives online. More and more people are using Facbeook and more and more employers are using Facebook to scope out potential employees. If there are inappropriate pictures and comments all over someone’s Facebook page, they are more likely to not receive the job. Some students get in trouble for things they post on Facebook and Twitter. Some users are beginning to notice this and have started deactivating their accounts to regain a sense of privacy. CNN’s article “The anti-social network: Life without Facebook”, states that some students who are trying to maintain a professional image for future employment are deleting their pages.
Facebook is a well know social networking site that has taken all over the world with over 500 million people using the site. Social networking sites such as Facebook share information about the user over the Internet, where it can be freely accessed by anyone. This is where issues of privacy to the individual arise. As
Employers and schools nowadays evaluate applicants from their social media accounts. For example, the applicant’s Facebook profile could be used to get information such as age, residence and even academic history. What worries Joanna Stern in the article, “Demanding Facebook Passwords May Break Law, Say Senators” is the fact that employers and schools require employees and students to give their Facebook passwords to access their profiles. This practice poses unanticipated legal liabilities. Thus, government officials have rose against the practice. Indeed, requiring a user to share Facebook account’s password for access to the user’s profile is morally wrong and does not meet its intended objective.
Social networking sites are a dangerously sharp double-edged sword. Professional sites such as LinkedIn can showcase one’s talents and provide an advantage within a large applicant pool while personal sites, such as Facebook, Twitter, myspace, even YouTube, if used irresponsibly, can make public many aspects of an individual’s private life which can reflect negatively, when viewed by others. The article “Didn’t get that new job? You need a better Facebook score” (Garling) highlights one of the many ways prospective employers can quantify someone based on their social media presence. The article describes a process whereby hiring managers rely on a consulting firm of sorts. This firm provides a score for each applicant based on their social media presence.
Social networking sites such as Twitter or Facebook have created a new ethical dilemma for many businesses. Corporations, small businesses, and even universities are struggling create policies to manage their employees social networking behaviors. Social networking access, particularly for recruiters, can provide personal information about potential employees, which would otherwise not be available. A business must follow statutes and guidelines when disclosing information to the public. Individuals on social networking sites have no such constraints. Employees can and do make comments about their employers online. Employers can and do watch what employees post online. Any individual can send or post potentially damaging information
The sharing of photos picturing wild, late-night college parties, alcohol consumption, and new tattoos or piercings is becoming commonplace in social media. Though they may vary in degree, none are the particularly “good” traits that one would expect to find in a good employee. Practices such as these should stand out as “red flags” that are not typically desired by employers. Other, more subtle, red flags include: obvious mood swings, overly emotional postings, and overly personal content. All of these, potentially detrimental, characteristics can be detected, and avoided, easily with a quick review of a candidate’s social media profile(s).
Almost everyone in developed countries, during this day and age, has social media accounts. There are many platforms of social media including but not limited to: facebook, twitter, instagram, snapchat, myspace, linkedin, etc… And there are many reasons for using these social media platforms such as: keeping contact with old friends and distant relatives, meeting new people and sharing life experiences with people around the globe, or stalking that cute girl at work but never making contact. Among these reasons, and many more is the controversial topic of whether job employers should be able to use of social media to look up applicants. I believe job employers have a right to look up potential employees because doing so would allow them to
Even though the practice of using social media to vet candidates is relatively new, there are standards already established for this process. Employers who are hesitant to use social media typically cite fear of allegations of discriminatory hiring practices. To protect themselves against legal ramifications of unfair hiring processes, employers should always consult with an employment attorney to develop policies for gathering and use of internet-based information (“The Facebook Background Check.”) An employment attorney can help