I know you have advised employers in the past not to look at information about applicants online and stick only to what’s on the application. But there is so much out there, and it’s so easy to find. What exactly are the risks of doing it?
Yes, I’ve advised employers not to engage in this practice because you run the risk of being sued for failure-to-hire, and this is why.
Someone who doesn’t get offered the job could claim that you saw something about them online –such as plans to get married, or adopt a baby, or the applicant caring for a disabled child– something you would normally not know– and you used that knowledge to make your choice, which would of course be unlawful.
Now, your decision not to hire this person may have had nothing to do with their claim. You probably made the decision for an entirely legal reason such as having a better candidate. But now you are going to have to prove that, and it’s going to cost you lots of dough. That’s the specific risk.
How likely is that to happen? Probably not very likely. But you still need to know that the risk exists. Do the benefits of finding useful information outweigh the risks? Only you can decide that. But I have softened my position on this practice, because it can provide lots of relevant, helpful information. If you decide you’re going to start, here are some tips to reduce risks:
- Conduct the same type of search (Google, criminal data base), follow some sort of consistent guideline.
- Only access what’s publicly available. Never try to gain access to areas deemed private.
- Be consistent. Decide which positions you’ll research, such as high-level jobs only, or all jobs. Also, don’t just research certain applicants (foreign names, minorities) research all.
- Ensure accuracy. There is a lot of misinformation online. Make sure what you find is credible and it’s not about another person with the same name.
Lastly, don’t consider the Web a substitute for traditional hiring practices. Conduct a well-planned interview, check references and do a thorough background check.
Not intended as legal advice.
©Eva Del Rio
