Many are very comfortable carrying on a spirited debate on Facebook, Twitter or via comments to a Blog post and it is a very effective way for people to share ideas.  But, here’s the wrinkle…  Companies are now using social networks and the Internet as part of their background screening process.  On the surface this seems reasonable and logical, but this got me wondering, where could this ultimately go? 

Well it turns out it is all ready well on its way.  A Harris Poll cited in a NY Times Blog/article says that 45% of employers surveyed use Social Networks to check backgrounds on prospective employees and 35% decided not to offer a candidate a job based on information found on Social Networks. 

I understand the need, even the responsibility, of an employer to do a reasonable background check on prospective employees.  The need for this is pretty obvious, a company, school, church, or other organization has a responsibility to their customers, students, congregation, and employees to provide a safe environment and to hire well qualified employees, but can background checks go too far and even put the company at risk for litigation? (see links below to Blogs from labor law attorneys and HR professionals about this)

In the past a discussion amongst friends about politics, religion, immigration, gun control, healthcare, gay rights, gay marriage, sports, celebrities, and even jokes were verbal and therefore somewhat private since they were not accessible to the public at large.  Today, social networks such as Facebook, Twitter, LinkedIn, and MySpace allow us to maintain our friendships across long distances, even across the globe.  We use these networks to chat with our friends like we did years ago face to face or on the phone, but now the conversation is 24/7 spanning large distances, and much larger groups.  All of this is great except for the fact that these conversations that seem private are not.  Many of these conversations are effectively on a billboard (e.g. Twitter, Blogs, and LinkedIn groups) for the public to see if they only look in the right place and even conversations on Facebook amongst “Friends” are not strictly private and with some work can be found.   In fact several companies are now offer social network background checks for as little as $24.95 . 

There are other things about social networks that could be misused by employers, organizations, even the government. 

• What about your membership in Facebook fan pages, groups and LinkedIn groups? 
• What about the potential of monitoring blog comments, group comments, Facebook and Twitter posts?   

So here are the burning questions…

• How can there be “Free Speech” if employers and prospective employers are monitoring social networks? 
• How can there be a public debate if it may impact your job or career? 
• Can people speak freely under their own name knowing that their employer or prospective employer may be listening in?  Will this drive people to publish comments under pen names?
• Would joining a particular group on Facebook or LinkedIn cost you that job you just applied for? 
• How about your comments on some of the Blogs, Twitter, or Facebook, will that cost you your current job, promotion or next job?
• Could social network background checks lead to “silent” discrimination?

George Orwell prophetically wrote about Big Brother in his classic book “1984”, the funny thing is that it may not be government or big business spying we have to worry about, the social networks we all willingly join and participate in just made just made everything public.  Who needs spies! 

Our laws about free speech, discrimination, hiring practices, etc. were written long before social networks were even contemplated and consequently do not address comments on social networks and group memberships.  It is an interesting dilemma.  On one hand, the information is public and therefore fair game for anyone to access.  The question lies in how this information is used and when or even if it is appropriate for companies and organizations to use for hiring or employment decisions. 

Is there a need for legislation to cover the use of social network information by employers, banks and credit card companies, retailers, and even the government?  The information after all is public, but even public information can be misused.  Attorneys are already Blogging about this and interestingly warning employers of the potential danger of litigation from improper use of information gathered through social networks. 

What are your thoughts on Social Media turning Free Speech into Secret Speech?  Can we really speak freely on social networks?  Hmm, might this blog post cost me in the future?  Who knows…

Links to other Blogs and articles on this:

Panel Discussion on Social Media, Background Checks and Employment Screening (HR Toolbox.com)

The Rise of the Social Media Background Check (Corra Daily Planet)

Yay or Nay on Social Media Background Checks (CrimCheck.com) 

Social Networking Sites: Savvy Screening Tool or Legal Trap? (NY Labor & Employment Law Report) 

Are Social Networking Sites Private? (Iowa Employment Law Blog)

I welcome comments on all sides of this issue and look forward to hearing from you (under your real name or a pen name).

As always I wish you the best and brightest future,

Bill Grunau