ResumeBear Blog
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Posted: 06 Apr 2012 06:33 AM PDT
 Imagine landing a job interview. How do you prepare yourself? You might read about the company, prep for questions, bring your résumé and arrive on time. Then, the interviewer begins by asking for the username and password of all your social media accounts. Surprised? Don't be. Recent employment practices show your interview starts long before you arrive; it starts online with your social media accounts. Welcome to the age of the "social media interview." Companies increasingly rely on social media to support their business. From advertising to customer interaction, social media is the future. However, social media has also entered business in ways that people have yet to fully understand. For instance, the hiring process has changed as companies increasingly rely on social media to search for potential employees. As a result, one recent employment practice has drawn attention. Specifically, some employers are requesting applicants to provide access to their social media accounts as a condition of employment. MSNBC's Bob Sullivan reports applicants to the Maryland Department of Corrections have been asked to log onto their social media accounts while the interviewer observes; thus making wall posts, friends and pictures, normally private, viewable by a potential employer. Until recently, Maryland asked applicants to turn over social media account usernames and passwords. Employers may argue the social media inspection process is voluntary, but many find this practice a violation of First Amendment and privacy rights. According to the same MSNBC article, federal laws to prohibit social media password requests by perspective employers have even been suggested. Additionally, Sullivan reports this type of monitoring by potential employers may violate the Facebook terms of use. Facebook's Statement of Rights and Responsibilities reads, "You will not share your password, let anyone else access your account, or do anything … that might jeopardize the security of your account." According to a Facebook spokesperson, employer policies that allow "shoulder surfing" appear to violate Facebook's terms. As a social media lawyer, this topic's potential for conflicts is apparent. While many assume that privacy settings on a social media profile will protect one from access by a potential employer, the recent trend of "shoulder surfing" and social media account passwords requests suggests otherwise. The burning question then becomes how employers and employees prepare for the age of the "social media interview?" I discussed with Dawn Davidson Drantch, counsel for Alcott HR Group, about whether an applicant's social media presence plays a role in the hiring process. She responded, "If it does, applicants should be made aware that it does and how it does." Davidson Drantch noted that employers must be cognizant of legal and regulatory issues when taking the social media interview to the next level, such as requesting log-in information: "Appropriate consents, notices and authorizations should be given to and obtained from the applicant, and employers must not gain access to accounts surreptitiously or by coercion. Both may violate the law." Further, labor and employment questions arise when using social media to evaluate a prospective employee. According to Davidson Drantch, "employers must be careful about obtaining information which may be unlawful to consider in employment decisions such as: lawful off-duty conduct (e.g., alcohol consumption); information on protected classes (race, gender, etc.); arrests and certain convictions, and more, because it will be difficult to prove that this information was not considered in the hiring process." Davidson Drantch underscored, "Objectivity is key. Have a nondecision-maker filter all information to the decision-maker, making sure to remove items that may be unlawful to consider during the hiring process. Be sure vetting for each candidate is standardized, objective and that a template is used to pass info to the decision-maker. Finally, consider limiting social media checks to the applicant's LinkedIn site because that is a professional site, less likely to display information inappropriate to consider when hiring." She concluded, "The best suggestion is to leave background checks to a background-check vendor, and be cognizant of federal and state record-keeping requirements that require searches and documents be maintained for a period of time." Would you be willing to give out your username and login information to social media sites at a job interview? For an employer point-of-view, I spoke with Peter Xenakis of Fuoco Technology, who provides IT expertise in the Long Island and NY-metro region. Xenakis noted that after seeing a promising résumé he "hits the web" to do some social networking on websites like LinkedIn and Facebook, and uses LinkedIn to validate an applicant's résumé. Regarding the new trend of asking for an applicant's social media account and password, Xenakis replied, "I think asking for an applicant's username and password is going too far. If it's private – I don't want to intrude. It would set a bad expectation for potential hires to think we are 'Big Brother.'" Xenakis noted, "Recent applicants have used [social media] to demonstrate their knowledge." This is an interesting point; job applicants are well-served to post content on their social media accounts that display expertise or knowledge in relevant job fields. Overall, Xenakis believes the "social media interview" is a valuable resource: "Time is my most valuable resource; with the flood of applicants we receive, the "social media interview" is a great tool to 'set the table' for actual interviews." As companies increasingly to rely on social media for all aspects of their business, employers and employees alike should be mindful of how social media is used. The "social media interview" is increasing in importance as part of the employment process. It presents employees, employers and HR an opportunity to gain a better understanding of each other, and allows job-seekers another way to showcase their skills and expertise. In case you are interested in more details on the topic, read Pedram's full article on Social Media and the Hiring Process. Follow Pedram on Twitter @PedramTabibi   |
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