Social Media's Impact on Pre-Screening

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Social Media’s Impact on Pre- Screening Matt Messersmith & Karl Ulrich December 5 th , 2013

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  • 1. Social Medias Impact on Pre-Screening Matt Messersmith & Karl Ulrich December 5th, 2013

2. Social Media Statistics(Source: 3. Conner RileyCisco just offered me a job! Now I have to weigh the utility of a fatty paycheck against the daily commute to San Jose and hating the work 4. Carly McKinneyWatching a drug bust go down in the parking lot. Its funny cuz I have weed in my car in the staff parking lot 5. Want to Avoid Hiring Them? 6. People are learning. but not everyone! 7. Common Pre-Screenings What do these searches have in common? How are social media searches different? 8. Legal Considerations 9. Some Cautionary Tales The Case of the Spurned Scientist Gaskill v. University of Kentucky With Facebook Friends Like These, Who Needs Enemies Ehling v. Monmouth Ocean Hospital Services 10. The Law and Social Media in Pre-Employment: Playing Catch-Up Discrimination: Title VII; ADEA; ADA; GINA; IRCA Disparate treatment Disparate impact Invasion of Privacy Federal Stored Communications Act 11. An Old Law With New Tricks Federal Stored Communications Act (SCA): Protects information the communicator meant to keep private. Applies to: (1) electronic communications; (2) transmitted via electronic communications service; (3) that are in electronic storage; and (4) that are not public.Authorized User Exception 12. Other Laws Affecting Pre-employment Fair Credit Reporting Act Basic requirements for obtaining outside background checks: Disclose to the applicant that report will be obtained for employment purposes; Obtain applicants authorization; In the event of adverse action, provide a copy of report and a description of applicants rights to applicant 13. EEOC Enforcement Guidance on Arrest and Conviction Records - 2012 Highlights of Guidance: Avoid blanket no criminal conviction policies/practices May consider convictions if job related and consistent with business necessity. Cannot disqualify on fact of arrest alone. Targeted Screens are valid if they consider (1) nature of crime; (2) time elapsed; and (3) nature of the job. Individualized assessment. 13 14. State Law Regulating Social Media Background Checks States who prohibit access to Passwords and/or Usernames. Arkansas, California, Colorado, Illinois, Maryland, Michigan, Nevada, New Jersey, New Mexico, Oregon, Utah and Washington. Ohio Not yet, but stay tuned. SB 45 pending before Ohio Senate committee. 15. Social Media Minefields False Identity Inaccurate Information Disparate Treatment/Impact Impermissible Subject Matter 16. Some Best Practices Tailor Background Checks to Bona Fide Qualifications of Position in question Be consistent for all competing candidates Separate the searcher from the decision-makers Avoid suspect terms in search criteria 17. Social Media Policy Statistics Only about 40% of employers have formal social-media policies, according to a survey of 470 companies released this year by the Society for Human Resource Management. Of those companies with policies, a third have taken disciplinary action against an employee in the past year, the survey found. 18. FCRA Social Media Searches How it works: 19. The Report SECTION 1: User Input Search Data & Criteria 20. The Report SECTION 2: Report Summary 1. HIT NUMBER: The number in order of importance of a hit 2. TYPE: Search (Web Search), Social Media 3. SOURCE: Website or Social Media source of the content 4. LOCATION: Specific url for the content source 5. MATCHED BY: To find out the criteria that was matched by your search look at the Matched By Section. 6. KEYWORDS: Matches are listed by word (n# times the word was found on the site). 7. CAPTURED IMAGE: Screenshot of the captured data 21. We Can Help! What we doWhat we dont do Provide the SMI Aware Report Give opinions on pictures/tweets/posts etc. Create social media policies for clients Help you select candidates Signet delivers information, not policies or opinions! 22. Karl Ulrich Sebaly Shillito & Dyer 9100 West Chester Towne Centre Drive Suite 210 West Chester, Ohio 45069 513-644-8125 [email protected] Messersmith Signet Screening 8080 Beckett Center Drive Suite 305 West Chester, OH 45069 513-330-6695 [email protected]