Social Media Information Regarding Job Applicants and Employees: Key Considerations

Summary

This practice note addresses legal issues surrounding the use of social media to vet job applicants and to obtain information on current employees. It should come as no surprise that employee social media accounts often contain a vast amount of information that is being updated constantly. For this reason, many employers use social media during the screening and hiring process and to investigate current employees. In fact, some employers have even gone so far as to require prospective or current employees to disclose their social media account passwords. Not only have such actions elicited much criticism, but they also carry certain legal risks as many states have enacted laws banning the practice. In addition, employers should consider that using social media during the hiring process or reviewing current employees' social media accounts can implicate state and federal discrimination laws.