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Can Social Networks Place a Company at Legal Threat

 “Completely,” claims David P. Jones, PhD, author of MILLION DOLLAR HIRE: Build Your Bottom Line, One Employee at a Time (Jossey-Bass, 2011). “Commonly, without knowing it, companies break a host of rules when they make use of social media sources to recruit, or when they utilize these internet sites to collect information concerning potential candidates. Modern technology solutions can open the door to legal complications.”

 Jones has operated as a business psychologist for thirty years, and also works as a skilled witness in litigation settings where equal employment opportunity and hiring compliance have increased in importance.

Jones encourages any hiring manager to utilize technology to locate and evaluate prospects. He claims, “As in other locations of a company, technology brings a faster-better-cheaper plan for selecting and hiring. Just be careful, though, that how you use it doesn’t deliver faster-bigger-more expensive legal challenges.”

 Here are some precautions to consider:

  •  Know exactly what you’re searching for prior to beginning the hunt. Clearly assess the minimum experience and skills needed for the position. Focus your technology on screening for only these elements. Don’t deviate into areas unassociated to exactly what you need.
  • Beware of what your Internet searches or social networking reviews capture. Taking information off Facebook, LinkedIn or additional websites that’s outside what the job needs can lay the foundation for a prospect declaring they were passed over given that somebody made a judgment concerning their personal or social life.
  • If you acquire Internet-scraped information on prospective candidates, be careful. This subjects you to the federal government’s Fair Credit Reporting Act (FCRA) in how you make use of the data, or request authorization from the candidate.
  •  If you source from the Internet, think about where you look. For instance, a complainant’s attorney can easily assert you chose sites where few minorities or females would be active. This alone could make an argument that you purposefully discriminated in your sourcing method.
  •  If a vendor indicates that their recruiting and screening technology is legal, ask for specifics. Evaluate your own recruiting and hiring process to uncover potential risks there too. Pay attention to new legislations, rules, and court decisions being executed often.

 

Can Social Networks Place a Company at Legal Threat

 Can Social Networks Place a Company at Legal Threat

 The Web and technology have reinvented how companies locate talent, faster-better-cheaper, yet not risk-free. Drawing a reward from making great hiring decisions also brings the threat of legal ramifications. Establishing standards and properly training those using the system set in place, is the best way to decrease risk.

 

Can Social Networks Place a Company at Legal Threat: More Employer Resources

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