I just read an article that at face value seems really invasive. Apparently some public agencies and private companies are asking prospective employees to give them their log in information to Facebook and other social networking sites. You can read the article here:
I have three immediate reactions to this.
- My personal reaction is yuck! Any company that wants to look into my personal life that much is not for me. I don’t have anything to hide but if I take steps to protect my online privacy then I think I have a right to keep it that way. My argument here isn’t about privacy it’s about decency. The thought of this makes me want to take a cold shower.
- My professional reaction from the candidates’ perspective is “I told you so!” Fair or not you don’t have a strong expectation of privacy when social networking is concerned. You must be vigilant in protecting yourself and think before you post something.
- My professional reaction from the company’s standpoint is why would you open yourselves up to this liability. What if you found out that the person was pregnant or religious or had a disability and then decided not to hire them? I have to think that this opens up a huge EEOC can of worms.
Update
I thought more about this overnight and have a couple of additional thoughts. First of all, I should note that it is not illegal for companies to ask for this information and from that standpoint I don't think that there is anything wrong with this per se. The article mentioned that government agencies like law enforcement are the ones that are doing this the most and it does make some sense. Typically these organizations conduct reference checks with neighbors and other community leaders. Secondly, while I do feel that you should have some rights to privacy with something that you protect with a password this doesn't change the fact that when you put something online it is virtually out there forever and you have no control about how this is disseminated. It's really tough but now even more than ever your past actions can have long term repercussions on your future. Be aware of this! Posting something on the internet is the equivalent of putting a bumper sticker on your car, a poster on a light post and probably most like standing on a street corner with a bullhorn. Unfortunately what you post is free game if someone can get their hands on it. And in many cases I think that a company has the right to base decisions on what you post provided that it doesn't violate any laws (in most cases it doesn't as last time I checked political views and stupidity is not a protected class).
I thought more about this overnight and have a couple of additional thoughts. First of all, I should note that it is not illegal for companies to ask for this information and from that standpoint I don't think that there is anything wrong with this per se. The article mentioned that government agencies like law enforcement are the ones that are doing this the most and it does make some sense. Typically these organizations conduct reference checks with neighbors and other community leaders. Secondly, while I do feel that you should have some rights to privacy with something that you protect with a password this doesn't change the fact that when you put something online it is virtually out there forever and you have no control about how this is disseminated. It's really tough but now even more than ever your past actions can have long term repercussions on your future. Be aware of this! Posting something on the internet is the equivalent of putting a bumper sticker on your car, a poster on a light post and probably most like standing on a street corner with a bullhorn. Unfortunately what you post is free game if someone can get their hands on it. And in many cases I think that a company has the right to base decisions on what you post provided that it doesn't violate any laws (in most cases it doesn't as last time I checked political views and stupidity is not a protected class).
I guess this just feels like a bad situation all around. What do you guys think? Please leave comments or email me at sthompson@insurance-csg.com.
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I heard about this story the other day. I think it is totally wrong and invasive. I can appreciate a company wanting to know certain things and to protect themselves. And they have a right to protect their reputation (if it's worth protecting). But just the same I do to. I would politely refuse and then say, "well maybe I don't have a FB acct." If they persued then I would turn the tables and say, "Ok, let me have your info. Drop your pants, I want to make sure you are a man. Take off your blouse, I want to make sure your real." (just to show how ridiculous they are) Just as your company wants to protect itself against unscrupulous employees, I want to protect myself, my career potential, and my livelyhood from backhanded, devious, criminal employers that would cover up something to save their own ass and not care about mine. I would turn the tables and play their game until they tell me I either got the job or the interview is over. Either way, they are going to appreciate me for my dignity, respect for self and others, confidentiality, honesty, trustworthiness, tenacity, and more. Ultimately, FB is nothing more than a new way for people to communicate with each other besides talking in person. So, does that mean the companies are going to start bugging peoples houses, cars, clothes, etc. to monitor the conversations they have with others?
ReplyDeleteScott: As an attorney who has handled employment practices liability claims for an insurance carrier, I have to say that your third point is correct - these companies are definitely openning themselves up to potential claims of discrimination, even if they decide not to hire a particular candidate for a reason totally unrelated to race, religion, disability, etc. Unfortunately, it will probably take a few large verdicts or settlements before these companies figure our this is a dangerous practice. I know that two or three state legislatures are contemplating banning this practice (and there is talk of Congress pursuing federal legislation), but that will take years and I suspect a few creative plaintiffs' attorneys will force the issue sooner. However, until then many job candidates (most of whom have nothing to hide but have set their FB accounts to private simply to protect themselves from identity theft and to keep picture of their children private) will have to give in to this practice, as there is currently no law against it in the U.S. as far as I know. In this job market, most job seekers do not have the option of standing up for their principals, no matter how intrusive and improper this practice may be.
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