For many of you who own businesses, you need to be aware of the Law..
Courtesy of Inc.com and Howard Greenstein
Many start-ups use their Social Network contacts to find additional workers. Why not? Someone’s friend of a friend is probably that chef, programmer or administrative assistant you need, and they’re looking for work. (In fact, Inc. has a great guide to Using Social Media as a Recruiting Tool.)
But beware how you use that Social Network data you find. It could lead to discriminatory hiring practices. Most start-ups don’t have an HR department to tell them that different restrictions take effect when you have 4 employees, 15 employees and as you grow past 20 and 50. The Federal Equal Employment Laws prohibit employment discrimination against qualified individuals with disabilities, and prohibit bias based on race, color, religion, sex, or national origin, age, as well as other considerations. State and Local laws may impose even stricter rules depending on where your business operates.
This data (a candidates race, national origin, pregnancy status, etc.) is considered “protected information” and you can’t ask it in an interview. If it is revealed to you, it is often best to keep it to yourself and not pass it along to other hiring managers.
But what happens when the candidate reveals protected information via their social profiles? A Facebook basic profile almost matches the list of things you can’t ask in an interview – race, religion, sexual orientation, relationship status – are all part of the standard questions many people fill in on their pages.
“Social Media is an issue in HR and Employment and Compliance law – the protected information on people’s profiles is free, easy and voluntary. It’s not as if the employer is asking “are you pregnant” in an interview,” said lawyer Nancy Schess, a partner at Klein Zelman Rochermel, a labor and employment boutique firm that represents management. “The questions to ask are is a)it legal and b) is it a best practice to go and look for this information in the context of your hiring practice.”
Schess continues “Yes, If you go on a search engine and you can find it, you are allowed to look at it. But once you have the information, legally, what can you do with it?”
Of course you should read..More..
