Should you be using Facebook for References?

Facebook for screening applicants-- is it a good idea?

Recently you may have read or heard news of employers using Facebook to screen applicants. Using as many tools as possible to find the right employee is generally a good thing, especially the art of finding a person who fits with your organization. However using Facebook or other social media can be problematic. At this time there are no specific legal prohibitions in Oregon on using Facebook to screen employees. This includes asking applicants to log into their account to allow the interviewer an opportunity to look around. While the practice of using social media to screen may be legal there are a variety of pitfalls.




For example, an interviewer might see an applicant’s post about wanting to have a baby or talking about a serious medical condition. If the applicant is not hired they could point out that knowledge of a potential employee who may cause health insurances rates to rise as a factor in them not being offered a job. There many other ways social media may identify someone as a protected class. How many people who attend a Church connect with similar followers and note they like or are members of that institution on Facebook?

If you have reasons you need to review an applicant’s Facebook account and are aware of the hazards then you can take some steps to mitigate, but not eliminate, the risks you face.

    Be specific. Know what you are looking for if you are going to require an applicant to let you log in or friend you. An example recently in the news discussed a potential Corrections Officer who had his account searched for gang affiliation. The employer felt that the need to make sure a corrections officer would not have any misplaced loyalties when supervising inmates belonging to a variety of gangs outweighed any privacy concerns.
    Separate from Recruiting. The person who looks at an account be separated from those doing the recruiting. The separation in the previous example would have the applicant given a green or red light for gang affiliation and not have anything else from Facebook communicated to the recruiters.

The Oregon Legislature is going to take up this issue at the next session. We will keep endeavor to keep you updated.