How to effectively utilize social media in hiring practices and avoid litigation:
- Work with a legal team to write and help implement a social media policy that describes an allowable use of social media platforms within the human resource department.
- Have written job descriptions and use social media platforms to search only for necessary qualifications of the job.
- Implement a social media search policy that can be applied consistently to every applicant.
- Remember that protected characteristics, including, age, race, gender and religion, are still protected while utilizing social media platforms, even though the information may be inadvertently obtained.
- Avoid jumping to conclusions. Information found on the Internet is not necessarily factual, in context or even guaranteed to be the correct identity of the applicant.
- Consider informing job applicants on the front end that social media sites may be used in a background search. Consider obtaining signed consent by the applicants, even though it is not required by law.
- Develop a policy that outlines the proper levels of privacy expectations and educate employees/applicants on the proper use of social media platforms.
