Cheezhead

A recent CareerBuilder survey divulged that 22 percent of hiring managers are browsing candidates’ profiles on social networking sites to supplement traditional background research.

Here are some of the top areas for concern for the 34 percent of those managers who actually dismissed a candidate based on the content they uncovered:

•41% - candidate posted information about them drinking or using drugs
•40% - candidate posted provocative or inappropriate photographs or information
•29% - candidate had poor communication skills
•28% - candidate bad-mouthed their previous company or fellow employee
•27% - candidate lied about qualifications
•22% - candidate used discriminatory remarks related to race, gender, religion, etc.
•22% - candidate’s screen name was unprofessional
•21% - candidate was linked to criminal behavior
•19% - candidate shared confidential information from previous employers

Candidates typically sign a consent form that allows employers using a consumer reporting agency to perform a criminal and credit check, but I’ve never seen a consent form for social networks in the few years I worked in HR. So what gives hiring managers the right to access these profiles that will most likely affect their final decision?

Brian Van Vleck and Anthony Zaller of law firm Van Vleck, Turner, and Zaller say that it’s OK for employers to conduct background checks themselves, as long as they’re not using a third-party, since they are subject to FCRA (The Fair Credit Reporting Act) disclosure requirements.

The lawyers also said that it’s illegal for the employer to create an alias in order to access profiles. If an employer uses subterfuge to gain access, the company could face liability.

Jason Morris, president and COO of background check company employeescreenIQ, weighed in on the issue that is gaining appeal with companies.

“It’s a horrible practice, one that can get employers in to a lot of trouble,” he said. “Employers not doing those types of searches in-house have to comply with the FCRA. The FCRA requires reasonable procedures to determine maximum accuracy.”

Another question raised is whether or not the profile would even be an accurate representation of the candidate. Morris said, “One can’t guarantee that the profile they are looking at even belongs to their applicant. I can create a Facebook profile on anyone and use their picture.”

As the debate rages on, one fact remains clear: employers’ use of social networks is up 11 percent from 2006, and it doesn’t appear to be waning despite all the warnings.

Morris cautions, “Employers using these tools on their own are not technically subject to the FCRA but should have other concerns. A profile showing the applicant is black, pregnant, gay, etc. could hold a ton of discriminatory hiring lawsuits.”

Our courts are already faced with making some big decisions, including one in this case in which a person sued a “friend” on their social networking site for posting an incriminating picture of him that allegedly cost him a promiment job on Wall Street when the company researched his name on the Internet. Although a reader did point out that this was intended to be a spoof, it still foreshadows what could happen (and will happen) if information culled from the Internet is misused.

So if you are applying for a job and are concerned about a company judging you based on your slideshow of last night’s debauchery, it’s better to play it safe and keep your pictures private. Do not give your friends access to your unflattering photos, keep your profile private if necessary, and delete any explicit comments made on your “wall” - at least until companies realize that many of us don’t sit around at night sipping apple cider and reading a Bronte book by firelight.