4 tips for using Facebook legally to conduct background checks

15.06.2011

Using Mavis' previous point about finding out a potential hire is involved in cancer research, brings us to a concern that goes along with discovery this kind of information. As Jon Hyman, a partner in the Labor & Employment Group at Ohio legal firm Kohrman Jackson & Krantz, notes, finding out someone is involved with a cancer-related cause also means you might discover health information you shouldn't access as a hiring organization.

"There are a lot of EEO (Equal Employment Opportunity) issues to consider," said Hyman. "Say you are doing a Facebook search on a potential employee, and find they have "liked" the Komen Foundation. You read through the page and find this person is a breast cancer survivor. Now the bell has rung that this person has had cancer, and you now have disability-discrimination issues, whether it's based on the actual disability, or perceived disability. You now also have genetic-information-discrimination possibilities. And that bell can't be un-rung. And as an employer who has to make a hiring decision, you get put in the unenviable position of having to prove a negative; of having to prove that you didnt use that information as part of the decision."

Other obvious EEO areas you don't want to view while looking at Facebook and other social media would include religious affiliations, race status or age.