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A manager was in the process of hiring a new employee and interviewed several candidates

Law

A manager was in the process of hiring a new employee and interviewed several candidates. After narrowing the search down to two candidates, the manager and another employee searched several social media sites and reviewed the two candidates' accounts to gain additional information about them and to decide who they thought would be a better fit for the organization. The manager and employee used the information found in the social media searches in making their final selection for the position. The use of the information gained from the social media search was not disclosed to either candidate at any point in the interview process.

Assignment

Assume you are the director of human resources for the company, and you have just learned about the social media searches that were used in the hiring process. Write a 250-word memo to the company managers that addresses the ethical issues resulting from this situation. Your goal is to reeducate managers about the ethical framework of your organization and the way business, including hiring, is conducted. Include discussion of the following.

  1. The legality of the use of personal information taken from social media as part of the hiring process.
  2. The legality of failing to disclose to candidates of the use of social media account reviews as part of the hiring process.
  3. Summary of the ethical dilemmas and the ambiguities of the situation.
  4. Propose guidelines for the review and use of social media profiles as part of the hiring process.

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Answer:

To: All employees

From: Charles Mark, Director HR, Broadview Accounting

Date: June 12, 2018

Subject: Use of social media for background checks in Hiring

Dear All,

Our company is doing good in the recent times and this is being reflected in the company’s quarterly reports. The growth from last quarter to this quarter is 2.2%, which is quite commendable. However the focus of this letter is something else. Recently I came to know that social media is being used in our company to conduct background checks and serve as the final medium to validate the candidate before his or her hiring. This is quite unethical.

Some employers do use social media for background verification of potential employees. However this is not the case in our company. Our company is known for its ethical practices. Also to bring to your notice, it is considered a federal crime to do discrimination based on the profile details available on social media sites. This is so because it is like a privacy violation. Through social media, the company is creeping into the personal life of the candidate and monitoring his activities. This must never be the case. The scope of the company is till the professional space and that integrity must be maintained religiously. Companies must take care that they do not violate the privacy concerns of the employees. This is a crime and the company can be sued for that. So, from now on, our company will not use social media and invade in the personal space of the employees. Also all employees must put the privacy tab on, on most of their social media profiles. This helps in keeping your personal life private for friends and family and avoid any kind of unlawful search and privacy violation.

A new HR policy on the same will be rolled out soon. Do let me know your concerns and feedback on the same. We all must use social media as a positive, constructive tool and must avoid its usage as an investigative platform.

Regards,

Charles Mark

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