Social Networking Web Sites: The Legal and Ethical Aspects of Pre-Employment Screening and Employee Surveillance

Abstract

The education of human resource practitioners requires cutting edge knowledge that may be in advance of developments in the law.  Such is the example of usage of Online Social Networks (OSNs) in screening job applicants and current employees.  Many organizations inquire into the off-duty behavior of workers in this fashion and are not in violation of existing laws.  There are, however, potential legal challenges on the horizon based on workers’ reasonable expectations of privacy, pointing toward the need of a legitimate business rationale for rejecting applicants based on information that was not visible from the application and interview process.  Implications and recommendations for practitioners are offered.