For years, employers have used drug tests and professional background checks to scrutinize applicants. Today, human resource professionals are now using social networking sites as part of the screening process to browse through an applicant’s social and personal life. In this session, learn the social media screening do’s and don’ts.
RLPSA - How Social Media Sites Affect Pre-Employment Screening and Privacy Laws
1. Secrets to SOCIAL SCREENING
How Social Media Sites Affect
Pre-Employment Screening & Privacy Laws
2. IT & Marketing Bio
• Founder & Partner at DRD
– An interactive marketing firm
• 18-year Tech Geek
• Serial Entrepreneur
• Expertise in…
– Digital marketing
– Social media
– Custom software development
– Workflow automation
– Web applications
– Information architecture
– User experience
2
3. Fraud & Loss Prevention Bio
• 1st Job: Drug Store Clerk
– The Aspirin Fake Out
– Manufacturer Coupons
3
• Other Jobs:
– Fast Food & Grocery
– Bartender
– Teamsters Union
4. How much of a role does social media
play in your work life today?
A. A big role
B. A moderate role
C. A very small role
D. No role at all
AUDIENCE POLL QUESTION
6. Source: Socialnomics, Erik Qualman
http://www.socialnomics.net/2013/01/01/social-media-video-2013/
Erik Qualman: Socialnomics
7. Impact on Job Search
1 in 6 job seekers found their position through social media
JobVite: 2012 Social Job Seeker Survey
7
88% of job seekers have at
least one social media
profile (64% have two,
44% have three)
JobVite: 2012 Social Job Seeker Survey
52% of job seekers use
Facebook to help find work
JobVite: 2012 Social Job Seeker Survey
8. Impact on Recruiting
93% of recruiters use
LinkedIn to recruit; 89%
have hired through it
- Source: Recruitloop
8
66% of recruiters use
Facebook to recruit; 26%
have hired through it
- Source: Recruitloop
54% of recruiters use Twitter to
recruit; 15% have hired through it
- Source: Recruitloop
10. Background Checks
10
You’ll See Conflicting Numbers
Only 14% of employers reported using social media for
background screening; 7% have not, but plan to -
HireRight’s 2013 Employment Screening Benchmarking
Report
A Small
Minority
37% (nearly two in five companies) use social
networking sites to research job candidates - 2012
CareerBuilder Survey
A Growing
Minority
91% of the employers use social media to screen
prospective employees- Reppler.com
The Vast
Majority
11. Are you currently using social media to
prescreen or background check
candidates?
YOU TELL ME
12. How many of you plan to perform a
social media background check on
potential candidates going forward
or in the near future?
YOU TELL ME
13. Bottom Line
• Social media is now a primary JOB SEARCH and talent
RECRUITMENT Tool
• Though not all employers are using it to screen, many
are—and those numbers WILL GROW
• It’s time to DISCOVER THE OPPORTUNITY & LEARN
THE RULES and protect your business by conducting
social screening the right way
13
15. The Bad Stuff
15
Racism
“This Is America. I Shouldn’t
Have to Press 1 for English.”
Source: New York Times Article, “Social Media History
Becomes a New Job Hurdle”
Drugs Sexually Explicit Posts
“… the teacher behind racy
tweets is no longer on leave
- she’s left - dismissed from
her job..”
Expert from CBS news report on teacher fired for racy
twitter posts: CBSnews.com ”
Violent Activity & Crime
18. Communication Skills
18
JOHN DOE posted on April 15 Sooo excited to
graduate collage this week. Finally done and
ready to get a great job with a super, amazing
business who I hope can pay me a lot (lones
suck!). Their are small beginnings and big
ones. I am gonna make this one big. Thanks
friends and family and teaches for having my
back.
19. Communication Skills
19
• Do the candidates’ social media profiles demonstrate…
– Good written communication skills?
– Good grammar and spelling?
– Thoughtful communication?
– Humor?
– Professionalism when required?
– Audience awareness?
20. Qualifications
20
• Do the candidates’ social media profiles feature…
– Recommendations?
– Endorsements from former, current colleagues, schools,
etc.?
– Awards and recognition?
– Sample work?
22. Good Judgment
22
• Are candidates demonstrating good judgment in what
they post, share and like?
– Evidence of illegal or illicit behavior?
– Talk of drug use?
– Badmouthing customers or employers, etc.?
– Oversharing?
– Offensive humor, language, etc.
23. Work Ethic & Focus
23
• Are candidates demonstrating hard work and focus when
it comes to their social media usage?
– Are posts contributing to business/employer success?
– Do candidates demonstrate knowledge and passion for
the industry?
– Are most postings happening during work hours? If they
are, are they work related and professional?
24. Congeniality
24
• How nice are the posts and language candidates use?
– Do they seem kind?
– Do they seem like workers who could succeed on a
team?
– How are their manners?
26. Legal, But Limited
26
• Yes, it’s legal. No laws to date prohibit social background
checking
• Laws do bar employers/businesses from requiring job
seekers and employees to hand over social media
account data and passwords
– Michigan
– California
– Illinois,
– Delaware
– New Jersey M
– Maryland
• Additional social media privacy protection laws pending
in at least eight states
28. Breaking the Law
28
It Is ILLEGAL for Businesses to REQUEST OR ACQUIRE
PRIVATE INFORMATION of Protected Groups during
the Recruitment and Hiring Process
29. U.S. law protects job seekers from
having to reveal certain private
information to employers. How many
can you name?
YOU TELL ME
30. Protected Information
30
• Religion
• Ancestry & National Origin
• Foreign Citizenship
• Credit Rating
• Age
• Pregnancy
• Disability
• Serious Health Condition
• Family’s Medical History
• Genetic Information
• Political Affiliation
• Marital Status
• Gender
• Race
Useful Resource: EEOC www.eeoc.gov/
31. Protected Activity
31
• Workers’ compensation claims
• Union/labor group activity
• Political activity
• Useful Resource: National Labor Relations Board
www.nlrb.gov
32. Off Duty Overreach
32
More than Half of U.S. States Limit Employer Ability to
Regulate Employees’ OFF-DUTY CONDUCT
33. Off Duty Overreach
33
• 29 states protect employees from adverse employment
actions based on off-duty activities:
• Use of Tobacco: Connecticut, District of Columbia, Indiana,
Kentucky, Louisiana, Maine, Mississippi, New Hampshire, New
Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, South
Carolina, South Dakota, Virginia, West Virginia, and Wyoming
• Use of Lawful Products: Illinois, Minnesota, Missouri, Montana,
Nevada, North Carolina, Tennessee, and Wisconsin
• All Lawful Activities: California, Colorado, New York, and
North Dakota
36. Negligent Hiring Risk
36
• No Cases for Negligent Hiring Are on the Books Today
• That Said, Employment Experts Are Worried
- Cases for negligence on the employer’s part should
the hired employee cause damage, hurt someone,
etc.?
- The family of one workplace shooting victim is
working to get a law requiring social media
background checks
38. Three DON’Ts
38
Don’t Break EEOC Laws
If you or your background check team is
not familiar with EEOC laws, it’s
time to get educated. Resource:
EEOC www.eeoc.gov/
1
Respect Privacy Laws
Never request or log into a job seeker’s
personal social media profiles. If it’s
not illegal in your state now it could
be soon.
2
Don’t Go Rogue
• Do not conduct social background checks without consulting legal
and HR teams
• Be transparent in what you are doing with candidates and with
your teams/colleagues/business
3
47. Shows Initiative or Agitators?
Source: Strong Economy for All and Restaurant Opportunities Center of New York
http://www.youtube.com/watch?v=L_s8e1R6rG8/
48. #8: Separate from Hiring
48
Keep HIRING and SCREENING Roles Separate
49. #9: Train and Document
49
TRAIN NEW TEAM MEMBERS Well and Ensure They
Document their Work and Procedures
50. #10: Leverage 3rd Party Providers
50
Leverage THIRD-PARTY Social Media Background
Check Providers if Needed
51. Social Screening Tools
51
Facebook, LinkedIn, Twitter
SOCIAL MEDIA SITES
Google, Bing, Yahoo, etc.
SEARCH ENGINES
CriminalSearches.com
CRIMINAL BACKGROUND
Systems for public search
PUBLIC RECORDS
52. EEOC Resources
52
• Title VII of the Civil Rights Act of 1964 (Title VII)
• The Pregnancy Discrimination Act
• The Equal Pay Act of 1963 (EPA)
• The Age Discrimination in Employment Act of 1967 (ADEA)
• Title I of the Americans with Disabilities Act of 1990 (ADA)
• Sections 102 and 103 of the Civil Rights Act of 1991
• Sections 501 and 505 of the Rehabilitation Act of 1973
• The Genetic Information Nondiscrimination Act of 2008
(GINA)
Why I belong in the room with ex CIO and homeland security guys? My own unique “security” expertise from childhood and retail background and understanding of the fraud risks that come with it, includes working for a local drug store, produce manager for Omni Superstores, and full time bartender/restaurant manager.
Those of you who are barely using or are not using social media in the workplace, get ready for change….
Social Media’s Impact Continues to Balloon and here’s one of the best summaries you can find on its ever expanding role in how we work, connect and communicate. It’s Socialnomics latest video summary of today’s most impressive social media statistics and facts.
Socialnomics video http://www.socialnomics.net/2013/01/01/social-media-video-2013/ with the latest social media stats
Social Media’s impact on recruiting and hiring using stats and charts from leading resourcesA statistical look at job search stats – how many job seekers are using social media
A statistical look at talent recruitment – how many employers use social media
A statistical look at background checks- how many businesses background check via social media:
A statistical look at background checks- how many businesses background check via social media:
Federal Guidance Remains Absent for Social Media Use in Hiring
Unfortunately for talent management professionals, there has yet to be any such federal guidance on social media for a critical HR function like hiring. Therefore, employers are still not entirely certain about social media’s role in the process.
That said, a majority of employers do actively use social media as part of their recruiting function. In HireRight’s 2013 Employment Screening Benchmarking Report, 54% of respondents indicated that they use social media for recruiting, with another 7% planning to do so.
The practice is even more entrenched at larger employers (500+ employees), with 73% utilizing social media sites for talent acquisition. The data indicate a slight growth from 2012, when 50% of respondents indicated they use social media for recruiting.
Employers Wary of Social Media Background Checks
When it comes to social media background screening, however, employers tend to be much more cautious. Only 14% of respondents to the survey reported that they use social media for background screening purposes, with 7% planning to do so. The numbers indicate a marginally declining year-over-year trend, since in 2012, 15% of employers were using social media for background screening and 9% were planning to do so.
Far and away, Facebook is the most popular site for employers using social media for background screening, with 83% incorporating it into their employment screening process. LinkedIn (68%) and Google+ (32%) were the second and third most popular sites, respectively.
At least part of this reluctance is not just due to the lack of clear regulatory or case law guidance on the practice, but can also be attributed to employers wanting to steer clear of thorny issues like discrimination and invasions of privacy.
Given these concerns, HireRight asked the employers who were using social media as part of their background screening effort if they have a company policy to govern the process. Fewer than one-fourth (24%) of respondents indicated they do—a concerning statistic.
Without any guidelines governing how social media background screening is conducted, what information can be used in the hiring decision, and how to verify information, organizations risk exposing themselves to a variety of potential liabilities and may be inappropriately limiting their candidate pool based on subjective criteria.
- See more at: http://www.hireright.com/blog/2013/06/employers-continue-to-be-tentative-about-social-media-background-check/#sthash.DpBtgJPX.dpuf
- See more at: http://www.hireright.com/blog/2013/06/employers-continue-to-be-tentative-about-social-media-background-check/#sthash.DpBtgJPX.dpuf
http://www.hireright.com/blog/2013/06/employers-continue-to-be-tentative-about-social-media-background- - Employers are wary/slow to use social media
http://www.arsbackgrounds.com/social-media-background-checks-on-the-rise.html - Offers stats on employers using social media to conduct background checks
http://theundercoverrecruiter.com/infographic-how-recruiters-use-social-media-screen-applicants/ - An infographic on social media screening stats based on a survey from Reppler
http://www.careerbuilder.com/share/aboutus/pressreleasesdetail.aspx?id=pr691&sd=4%2F18%2F2012&ed=4%2F18%2F2099– CareerBuilder’s data on businesses that use Facebook to prescreen candidates
As social media continues to grow as a primary recruiting and job search tool, the tools and resources for screening/background checking candidates continue to develop
Some companies are now requiring potential employees to pass a “social media background check” before offering them a job. In fact, that’s all one company, Social Intelligence, does.
Social Intelligence will check a candidate’s Facebook page, Google, LinkedIn—in fact, they scour the Internet to dig up anything they can on job seekers within the past seven years—much like a financial credit check.
While the company’s report offers up accolades you’ve received and professional honors, etc., it will also show potential employers any questionable activity you’ve participated in online.
Weeding Out Trouble: Provide several examples of employers screening employees/weeding out candidates through social media:
A prospective employee was found using Craigslist to look for OxyContin http://college.monster.com/news/articles/2145-could-a-new-social-media-background-check-cost-you-the-job
A recent New York Times article gave some examples of exactly what Social Intelligence has found that lead to job offers not being extended. “…one prospective employee was found using Craigslist to look for OxyContin. A woman posing naked in photos she put up on an image-sharing site didn’t get the job offer she was seeking at a hospital” the article said.
The job applicant who belonged to a Facebook group, “This Is America. I Shouldn’t Have to Press 1 for English.” http://college.monster.com/news/articles/2145-could-a-new-social-media-background-check-cost-you-the-job
The New York Times article continued, “Other background reports have turned up examples of people making anti-Semitic comments and racist remarks…Then there was the job applicant who belonged to a Facebook group, “This Is America. I Shouldn’t Have to Press 1 for English.”
Here are examples of what you can learn about a candidates’ skills and qualifications through social media.
A prospective employee was found using Craigslist to look for OxyContin http://college.monster.com/news/articles/2145-could-a-new-social-media-background-check-cost-you-the-job
The job applicant who belonged to a Facebook group, “This Is America. I Shouldn’t Have to Press 1 for English.” http://college.monster.com/news/articles/2145-could-a-new-social-media-background-check-cost-you-the-job
Provide examples of what you can learn about candidates’ skills and qualifications through social media.
Communication skills – Do they write and speak well? Are they professional, engaging, thoughtful, funny, smart in how they communicate? How’s their grammar and spelling?
Qualifications – Is there evidence of their qualifications available through their LinkedIn and other social professional networking sites (recommendations, endorsements from former, current colleagues, etc.)
Rapper 50 Cent and comedian Gilbert Gottfried stunned some Twitter followers when their Tweets mocked the earthquake and tsunami victims in Japan and around the world.
As the death toll continues to climb from the devastating 9.0 earthquake and subsequent tsunami Friday, 50 Cent took to Twitter to take a few jabs at the situation.
“Look this is very serious people I had to evacuate all my hoe’s from LA, Hawaii and Japan. I had to do it. Lol,” he Tweeted.
He added shortly afterward, “Nah this is nuts but what can anyone do about it. Let’s pray for anyone who has lost someone.”
The rapper said he Tweets for shock value: “Some of my tweets are ignorant I do it for shock value. Hate it or love it. I’m cool either way 50cent.”
Comedian Gilbert Gottfried also took a few jabs at the situation, Tweeting "Japan is really advanced. They don't go to the beach. The beach comes to them.“
He also wrote, "I just split up with my girlfriend, but like the Japanese say, 'They'll by another one floating by any minute now.“
Meanwhile, the death toll for the quake and tsunami has climbed to10,000 people by some estimates, with some 2,000 bodies found on two shores in the Miyagi coastal areas of Japan Monday.
Read more: http://www.foxnews.com/entertainment/2011/03/14/50-cent-mocks-japans-earthquake-victims-tweets/#ixzz2b1pZtN1O
Good Judgment – Do they demonstrate good judgment in what they share and post? Is there evidence of illegal or illicit behavior? Drug use? Etc? Do they badmouth customers, employers, etc.?
Work Ethic and Focus – Is most posting happening during work hours? Are posts professionally related?
Congeniality – How nice is the candidate/applicant? Do they seem kind and someone who could work on a team? How are their manners?
The Risks & Rules to Social Screening: What Are They?
Risk 1: Acquiring information on people that is protected by law:
Audience Question: U.S. law protects job seekers from having to reveal certain private information to employers. Can you name some or all of them?
Federal and state law of defined several protected categories and activitiesEqual employment opportunity (EEO) laws prohibit specific types of employment discrimination. These laws prohibit discrimination on the basis of race, color, religion, sex, age, national origin, or status as an individual with a disability or protected veteran. Race, gender, religion, political affiliation, marital status, age, pregnancy, disability or serious health condition, or information about their family’s medical history and genetic information. (http://www.dol.gov/compliance/topics/hiring-eeo.htm)
Employers must also consider the risks of accessing information about a candidate’s protected activity, including workers’ compensation claims or protected concerted activity under the National Labor Relations Act.
Are there Laws against Social Background Checking?
No laws prohibit social background checking but there are laws that prevent employers/businesses from over-reaching when it comes to accessing applicant data over social networks.
http://hrdailyadvisor.blr.com/archive/2013/03/12/HR_Policies_Procedures_Social_Media_Applicant_Background_Check.aspx - share the specific insights on laws on the books in states protecting individuals
Know the Lines You Can’t Cross. And, If you or your background check team is not familiar with EEOC laws, it’s time to get educated
Here are some resources:
Title VII of the Civil Rights Act of 1964 (Title VII) - http://www.eeoc.gov/laws/statutes/titlevii.cfm
The Pregnancy Discrimination Act - http://www.eeoc.gov/laws/statutes/pregnancy.cfm
The Equal Pay Act of 1963 (EPA) - http://www.eeoc.gov/laws/statutes/epa.cfm
The Age Discrimination in Employment Act of 1967 (ADEA) - http://www.eeoc.gov/laws/statutes/adea.cfm
Title I of the Americans with Disabilities Act of 1990 (ADA) - http://www.eeoc.gov/laws/statutes/ada.cfm
Sections 102 and 103 of the Civil Rights Act of 1991 - http://www.eeoc.gov/laws/statutes/cra-1991.cfm
Sections 501 and 505 of the Rehabilitation Act of 1973 - http://www.eeoc.gov/laws/statutes/rehab.cfm
The Genetic Information Nondiscrimination Act of 2008 (GINA) - http://www.eeoc.gov/laws/statutes/gina.cfm
Don’t Push Privacy Limits: Never request or Log into an individual’s personal account
Don’t Go Rogue: Do not conduct social background checks without consulting legal and HR teams. Do them openly and with the guidance and permission of your corporate teams. Be transparent in what you are doing with candidates and with your teams/colleagues/business.
State Law Actions on Social Sleuthing
Many states have taken or are considering legislation related to social sleuthing, McCormick notes. For example:
Illinois: Amended “Right to Privacy in the Workplace Act” to prohibit employers from requiring or requesting that employees or applicants reveal the usernames and passwords for personal accounts on websites such as Facebook and Twitter.
Mary|and: User Name and Password Privacy Protection and Exclusions Act: Employers may not refuse to hire an applicant or discipline employees for failure to disclose a user name, password, or related information.
California: There is pending state legislation, the Social Media Privacy Act, that would prohibit requests for passwords or access.
Similar bills pending/soon to be passed in:
New Jersey
Delaware
Massachusetts
Minnesota
Michigan
South Carolina
New York
Washington
Missouri
Pennsylvania
Source: http://hrdailyadvisor.blr.com/archive/2013/03/12/HR_Policies_Procedures_Social_Media_Applicant_Background_Check.aspx
Privacy and Off-Duty Conduct Concerns with Social Sleuthing
Furthermore, says McCormick, 29 states limit employer ability to regulate employees’ off-duty conduct:
"Tobacco" states: Connecticut, District of Columbia, Indiana, Kentucky, Louisiana, Maine, Mississippi, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Virginia, West Virginia, and Wyoming
"Legal Products" states: Illinois, Minnesota, Missouri, Montana, Nevada, North Carolina, Tennessee, and Wisconsin
"Lawful activities" states: California, Colorado, New York, and North Dakota
Exercise caution when taking action based on lawful conduct described or in photographs on social media sites, says McCormick.
Source: http://hrdailyadvisor.blr.com/archive/2013/03/12/HR_Policies_Procedures_Social_Media_Applicant_Background_Check.aspx
Risk 2: Negligent Hiring
If you don’t check a candidate’s background, is there a case for negligence on the employer’s part should the hired employee cause damage, hurt someone, etc.? Employment experts worry and one family of a workplace shooting is working to get a law on the books requiring social media background checks. While no cases of negligent hiring lawsuits appear on the books as we know today, many feel like it could happen very soon.
Know the Lines You Can’t Cross. And, If you or your background check team is not familiar with EEOC laws, it’s time to get educated
Best Practices in Social Media
Define Your Social Screening Process
Make Your Screening Process Uniform for All Candidates
Socially Screen Only Those You Have Interviewed – Don’t socially screen everyone
Focus on Skills and Qualifications
Communicate the Process Internally and Externally (notify candidates/get consent and ensure hiring managers understand the process)
Stay Public – Search only public resources and data
Watch for Both Good and Bad Patterns of Behavior – remember it’s about finding talent not finding out secrets and dirty laundry
Published on Feb 24, 2013
Dance and sing -- and fight in Albany! Recently, workers at a handful of popular NYC restaurants got together to make a music video demanding that New York state lawmakers pass a minimum wage hike to at least $9 this March 2013. Right now, minimum hourly wage is $7.25 for untipped workers and $5.00 for tipped workers. On average, that comes out to about $15,000 annually working full time for untipped workers and about $10,000 base salary for tipped ones. And only servers in the highest-end restaurants pull in big-time tips. What does it all mean? Sixty percent of all New York state restaurant workers are making poverty wages. But some of them found time to rock out to this video to get their message across.
Keeping Hiring and Screening Roles Separate - Make sure hiring managers are not conducting the social background checks (create a firewall between the two)
Train and Document – Make sure new team members conducting background checks are well trained and documenting their work and procedures.
Consider Third-Party Social Media Background Check Providers:
SocialIntelligence, InfoCheckUSA, Tandem Select, etc.
Note that “background-screening companies that use social media sites are subject to the provisions of the Fair Credit Reporting Act, under which applicants must give permission for pre-employment investigations.” http://www.shrm.org/hrdisciplines/technology/articles/pages/be-smart-when-using-social-media-for-hiring.aspx
Please note this goes beyond social because really a background check would expand beyond the major social sites and use several Internet tools, such as those listed below)
Helen to provide list of online screening resources she would like to provide as resources to her audience. Here are some examples from ClearEdge but we will rely on Helen to finalize the list of expert resources she would like to offer up:
Search Engines – Google, Bing, Yahoo, etc.
Social Media Sites: Facebook, LinkedIn, Twitter as top, general examples
Criminal Background: CriminalSearches - http://www.criminalsearches.com/default.aspx
Public Records: Search Systems http://publicrecords.searchsystems.net/ and
NETROnline: http://www.netronline.com/
Location/Contact information: White pages, Yellow Pages, etc.)
Here are some resources:
Title VII of the Civil Rights Act of 1964 (Title VII) - http://www.eeoc.gov/laws/statutes/titlevii.cfm
The Pregnancy Discrimination Act - http://www.eeoc.gov/laws/statutes/pregnancy.cfm
The Equal Pay Act of 1963 (EPA) - http://www.eeoc.gov/laws/statutes/epa.cfm
The Age Discrimination in Employment Act of 1967 (ADEA) - http://www.eeoc.gov/laws/statutes/adea.cfm
Title I of the Americans with Disabilities Act of 1990 (ADA) - http://www.eeoc.gov/laws/statutes/ada.cfm
Sections 102 and 103 of the Civil Rights Act of 1991 - http://www.eeoc.gov/laws/statutes/cra-1991.cfm
Sections 501 and 505 of the Rehabilitation Act of 1973 - http://www.eeoc.gov/laws/statutes/rehab.cfm
The Genetic Information Nondiscrimination Act of 2008 (GINA) - http://www.eeoc.gov/laws/statutes/gina.cfm