Employers that conduct online research as part of the hiring process (or plan to do so) may want to consider working with counsel to develop an internal policy to govern the process. A written policy that is consistently followed should help mitigate risks. After taking into account the specific needs of the employer, such a policy might, for example:
Define who: All positions? Certain departments? Etc.
Define when: At what point does human resources look to online resources?
Define what: What is the employer looking for (and what will not influence its hiring decision)? Which technologies or websites are covered?
Define how: Create a standardized process, identify objective considerations, and describe applicable limits.
Finally, employers should consider training for human resources, supervisors, and other decision-makers to whom the new policy will apply.
Part I of this post was published on April 15, 2010. If you have questions regarding the use of social media in the hiring process, please contact attorney Megan Erickson at 515-246-4538 / merickson@dickinsonlaw.com or another member of the firm’s Employment and Labor Law Group at employmentlaw@dickinsonlaw.com. For more information on social media and the law, see Erickson’s Social Networking Law Blog.
