Is your Facebook profile fair game?
The Association's Workplace Relations Advisor, Trish Babu delves into the perils of social media.
Social media sites such as Facebook have gained popularity among recruitment/HR managers because of their convenience for background checks and a growing anxiety about hiring the right people. But as the popularity of this tool increases, so does the controversy surrounding the employment law implications of its use.
Employers use Facebook and Twitter to screen candidates. New graduates, in particular, are the most active social networkers, as well as the target of web research. In their case, businesses do not have much to look back on as they cannot contact former bosses. Therefore the easiest way is to look the candidate up on Facebook.
Social media users often do not expect their personal information to be monitored by potential employers, and many consider their online profile information to be private. But this is not always the case. In fact nothing on the internet is private.
There have been several instances of Australian employers having decided not to hire a job applicant because of material they have found on a social networking site. But while taking a decision to do so, employers need to be mindful of a few things.
Employers beware
Not everything you see or do on the internet is true. While employers might consider online sleuthing a clever strategy, the reality is that if information concerning protected characteristics (for example, race, gender, or age) is disclosed and the candidate is not hired, employers may find themselves on the wrong end of discrimination claims.
Under the Fair Work Act ‘adverse action’ can be taken by a prospective employer against a prospective employee, if the employer refuses to hire based on discriminatory reasons or offers employment based on discriminatory terms or conditions.
Just how accurate are social profiles in determining the personalities and capabilities of your prospective employees? One study found 30% of employers use Facebook and 22% used Twitter to screen candidates. 44% said they would consider this approach in future. But should a candidate’s social profile be fair game in the screening process?
There are situations where checking the Facebook profile of candidates may be deemed legitimate. An example is if the employee in question works in public relations, advertising, marketing, sales etc. that otherwise serves as a representative of a certain company. In that case, employers may want to ensure that the employee is not being an embarrassment to the company.
A profile on social media can serve as an extended resume. An employee who displays his depth of knowledge and interest on his public profile might increase his chances of getting hired. Similarly, employers may choose not to hire based on photos and posts which are of an outrageous nature.
On the other hand, online profiles are not meant to be online resumes. A candidate’s suitability for a role cannot be based on an online profile designed to be purely social. A public profile is meant to be a vehicle for casual social interaction. The setting is casual and on a user’s personal time.
What a candidate posts online should not serve as basis on whether they should be employed or not. This is someone outside of the office, on personal time. Making decisions to hire or fire based on this information might be discrimination that opens an employer up to legitimate complaints.
What you see is not always what you get
Online profiles are designed to keep anonymity at a premium. Some individuals see it as an opportunity to build up a ‘cyber’ personality. An introvert might put up some photos, details and tweak their personality to liven up their social life. When an employer stumbles upon this candidate’s ‘cyber’ self, will they discount the candidate based on their modified or fictitious online profile?
It is a tricky issue without a straightforward answer. It cannot be emphasized enough that employers must err on the side of caution when looking up a candidate’s online profile. It is, of course, worth being aware of both sides of this controversial issue, and being mindful of a candidate’s right to privacy.
