Title

Legal concerns when considering social media in data selections

Document Type

Book Chapter

Publication Date

2016

Publication Source

Social Media in Employee Selection and Recruitment: Theory, Practice and Current Challenges

Inclusive pages

265-287

DOI

10.1007/978-3-319-29989-1_13

Publisher

Springer International Publishing

ISBN/ISSN

9783319299877

Abstract

This chapter examines the current state of the law in the United States on the use of social media data in the employee selection process. We begin by reviewing existing legal protections that could be violated when organizations use social media data, and we discuss recent case law involving social media and selection. We highlight various federal laws that have been used by the courts in social media selection cases, and we examine state laws that ban employers from asking applicants to provide social media user names and passwords as a condition of employment. We then review three examples of laws in other countries that could impact the use of social media data in selection both practically and legally. We conclude by suggesting practical guidelines for employers in their use of social media data in selection.

Keywords

Social media, Selection, Title VII, Protected classes, Discrimination, Wrongful discharge, Case law, International law, Right to be forgotten, Social media passwords

Disciplines

Industrial and Organizational Psychology | Organizational Behavior and Theory

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