The SCORE 2014 Issue 4 2014 | Page 24

Employ e r’ s Toolb ox : Social Media as a Screen in Recruiting by Douglas H. Duerr H iring the right person is hard. In the hospitality industry, where turnover is traditionally high, you would think that over time, because you have so many “opportunities”to hire, you would eventually learn through experience, how to hire the right person every time. Instead, with the lawyers and human resources professionals telling you what you cannot ask prospective applicants, it is becoming harder than ever to really find out much about the person sitting across from you in the interview—someone who is doing their best to make themselves look good enough to you to get hired. In this environment, it might be tempting to turn to the treasure trove of information available about applicants that can be found in social media. (In fact, have you already turned to social media for recruiting?) In their tweets, Facebook® postings, Instagram® posts, Pinterest® posts, Tinder® messages, and the like, individuals reveal a lot of information about themselves—information that can help you 2014 Issue 4 | the SCORE 22 decide whether the applicant has the same ideas and beliefs regarding attendance, timeliness, customer service and work ethic that your organization does. Studies have shown that hiring managers have considered social media information in making hiring decisions and have rejected applicants based on what they found. Should you do the same? First, you need to check your state’s laws. A number of states have laws on the books prohibiting employers from obtaining certain information from social media and from requiring employees (or applicants) to provide passwords, other login information, or access to social media sites. Even if your state does not prohibit you from requiring applicants to open up their social media accounts to you, should you check out an applicant’s social media presence and, to be complete, require them to give you access to“private”posts? Keep in mind that requiring applicants to do so may discourage good applicants from applying (or continuing the application process) because of the perceived invasion of privacy. Would you turn over your passwords? Second, if you do social media research on an applicant, be careful what you do. If you use social media sites to go beyond an applicant’s application and/or resume, you may be opening a Pandora’s box full of information about an applicant’s status in certain protected categories. For example, you may discover an applicant’s personal attributes such as race, gender, age, marital status, medical conditions, association with members of different races or family members with disabilities, religion, pregnancy status, sexual orientation, disability, criminal history and political affiliation. All of these characteristics may be protected categories under federal or state law. While you can certainly “discover”some of these characteristics in an interview, it is unlikely that you would discover many beyond race, sex, color