Social Media, Cyberstalking and the Hiring Process Sponsored by - PDF document

2/8/2017 Social Media, Cyberstalking and the Hiring Process Sponsored by February 9, 2017 Presenter Maureen De Armond Associate Counsel at Iowa State University 1

2/8/2017 Agenda Learning Objectives Don’t Do it! Cyber Stalking Job Applicants? NO WAY! Do It! Google Happens. Ignoring Online Data Is a Mistake Proceed with Caution: Primary Considerations to Manage Risk and Protect the Integrity of Your Hiring Process 3 Learning Objectives Don’t Do It: Recognize legal and operational risks to considering online material in assessing job applicants ( e.g. , protected class status, disparate impact, fairness to applicants and institution) Do It: Recognize potential benefits ( e.g. , identify unethical and unprofessional conduct, inconsistent information re job experience, publications) If You Do It: Understand best practices and proceed with caution: o Identify the spectrum of options for addressing searching and assessing online material o Understand the importance of having a solid plan o Identify the key aspects of such a plan 4 2

2/8/2017 Don’t Do it! Cyber Stalking Job Applicants? NO WAY! You can find all kinds of information about a person on the internet. This is a free resource, a potential landmine of insight… …all you have to so is Google the name… Why wouldn’t you want to look up an applicant?!??! 5 Don’t Do it! Cyber Stalking Job Applicants? NO WAY! What t cou ould ld you ou lea learn rn by y goo oogli ling an applic licant? My BFF’s new baby. Taste good, but seem So cute! Can’t wait to to give me an upset stomach  have my own!!! 6 3

2/8/2017 Don’t Do it! Cyber Stalking Job Applicants? NO WAY! “Check out my Beautiful new prayer new rug just arrived! wheels!” “My so -called friends made me this b-day cake…thanks for rubbing it in!!” #40sucks #gettingold “Prayer Request: Doctor Appt today. Pray the cancer is all GONE!!” 7 Don’t Do it! Cyber Stalking Job Applicants? NO WAY! So, you learned some “stuff” by cyber -stalking, so what? Unlawful Discrimination Based on Protected Class Status Applies to the Application & Hiring Process… 8 4

2/8/2017 Don’t Do it! Cyber Stalking Job Applicants? NO WAY! Bosses May Use Social Media to “While it appears a relatively small portion of U.S. employers regularly searches for Discriminate Against Job Seekers candidates online, we found robust evidence of discrimination among certain Carnegie Mellon University types of employers,” Dr. Fong said . researchers found evidence that sharing personal information via online social networks can lead to hiring discrimination. Focus on: Muslim v. Christian; Gay v. Straight; Political Affiliation (Nov. 2013) 9 Don’t Do it! Cyber Stalking Job Applicants? NO WAY! “I don’t think we were astounded by Rutgers & Syracuse Study: the fact that there were fewer Employers Discriminate Against expressions of interest for people with Qualified Workers with Disabilities disabilities , but I don’t think we were expecting it to be as large,” said Dr. Employers are more likely to discriminate Lisa Schur. against highly qualified job applicants who have disabilities than equally qualified candidates who do not. Employers expressed interest 26% less often in candidates who disclosed disabilities in cover letters.(Nov. 2015) 10 5

2/8/2017 Don’t Do it! Cyber Stalking Job Applicants? NO WAY! Should the Sho the abs absence of f onlin nline co conte ntent coun co unt ag against the the can candidate? Pot otential Di Disparate Im Impact -27% of of ad adults living with th dis disabilities ar are significantl tly less ss likely to to go on online (54% v. . 81 81%) -Latinos less ss likely to to be be on on Li LinkedIn (29% v. . 18 18%) (Pew In Internet t Pro roject) 11 Don’t Do it! Cyber Stalking Job Applicants? NO WAY! Q: What else can an you ou lear earn if f you ou goo oogle le appli licants ts? A: Potentia ially ly, a a who hole lotta stuff! 12 6

2/8/2017 Don’t Do it! Cyber Stalking Job Applicants? NO WAY! Oth ther r con onsid idera ratio ions: “ You got ot the the wr wrong gu guy! In Info is inaccurate, ” mis isle leadin ing, taken out out of of context xt Info is dated…. Info does not really help… 13 Do It! It! Google Happens. Ign Ignoring Online Data Is Is a Mis istake 14 7

2/8/2017 Do It! It! Google Happens. Ign Ignoring Online Data Is Is a Mis istake  Comments not reflecting your values: racist, sexist, homophobic  Evident links to criminal behavior  Evidence of poor work ethic, disclosing confidential info (FERPA)  Bad judgment … maybe even really, really bad judgment  Bad-mouthing current/former employers/co-workers  Inconsistent information re job history, education, degrees, publications  Ulterior motives  Demonstrating really poor communication skills  Lying about: qualifications, absences, experience 15 Do It! It! Google Happens. Ign Ignoring Online Data Is Is a Mis istake In January 2010, a sociology professor at East Stroudsburg University in Pennsylvania, wrote on Facebook: “Does anyone know where I can find a very discrete hitman? Yes, it's been that kind of day…” In February, she wrote: “had a good day today. DIDN’T want to kill even one student. :-). Now Friday was a different story.” A student then reported her comments to university officials. She was suspended. 16 8

2/8/2017 Proceed with Caution: Primary Considerations to Manage Risk and Protect the Integrity of Your Hiring Process Google Happens! Without discussion, a plan, guidance, or rules rogue Google searches of applicants will happen . 17 Proceed with Caution: Primary Considerations to Manage Risk and Protect the Integrity of Your Hiring Process CASE STUDY: Steven Salaita vs. the Univ. of Illinois 18 9

2/8/2017 Proceed with Caution: Primary Considerations to Manage Risk and Protect the Integrity of Your Hiring Process EE EEOC Gui uidance: • Avoid pre and post-hire discrimination • Avoid workplace harassment Hire 3 rd party or designate • reviewer • Don’t ask for passwords! • Monitor state law 19 Proceed with Caution: Primary Considerations to Manage Risk and Protect the Integrity of Your Hiring Process Wild West Complete Ban Everyone Select Positions Con: No Policy or Pro: Policy Clear Pro: Guidance or Pro: Guidance or Guidance Policy Clear Policy (Clear?) Pro: Appearance of Consistency Con: No Consistency Pro: Consistent Pro: Consistent Con: Underground Standard Standard Searches; Legal Risks Con: Greatest Legal Con: Not efficient Con: Clarity of Con: Risk for Risks Applicability Unfairness Con: Overly intrusive Con: Greatest Risk Con: Will Miss In-House or Vendor? for Unfairness In-House or Vendor? “Stuff” 20 10

2/8/2017 Proceed with Caution: Primary Considerations to Manage Risk and Protect the Integrity of Your Hiring Process If If you ou ar are goi oing to o all allow for or onl online sea earches, , you ou nee eed a a clea clear (an (and defensible) process . Manage pro’s and con’s 21 Proceed with Caution: Primary Considerations to Manage Risk and Protect the Integrity of Your Hiring Process Key y Proc ocess Co Compo mponents: • Monitor State Law • Transparency • Don’t Ask for Passwords! • Policy; Training • Consistency (How) • Consistency (Who) • Rationale for Search (Why) • Timing (When) • Impact of Findings (What) 22 11

2/8/2017 Proceed with Caution: Primary Considerations to Manage Risk and Protect the Integrity of Your Hiring Process Transparency y Matters: You our pr process sho should ld be be cl clear for or ap appli licants ts (a (as it t is s wit ith cr crim imin inal, cr credit it ba background che checks) an and all all em employees involved in n the he hir hiring pr process. No o se secrets ts. No o Sur Surprises. 23 Proceed with Caution: Primary Considerations to Manage Risk and Protect the Integrity of Your Hiring Process Polic olicy; Train aining: Process should be reduced to writing and easy to find. Train those involved in the hiring process . Is everyone required to comply with University policy? Are there consequences for those who do not? 24 12

2/8/2017 Proceed with Caution: Primary Considerations to Manage Risk and Protect the Integrity of Your Hiring Process Applicant Inquiries and Contact. Refrain from independently conducting any type of background check or inquiry on an applicant including: conducting any type of online search of applicants and asking people who may know an applicant for information or opinions about the applicant. Refrain from accepting/reviewing additional materials, communications, or information from an applicant (or someone who knows the applicant) shared outside of the official vetting process. 25 Proceed with Caution: Primary Considerations to Manage Risk and Protect the Integrity of Your Hiring Process How to Manage Scope and Consistency of Searches Where to search? What sites do you review? How exhaustively do you search? Do you conduct identical searches for each candidate? 26 13