Social media as part of background checking (Part 4)

Finally part four!

In case you missed the reason we are here have a look at the last few posts. In the first post we looked at laying a foundation for the discussion and about how social media allows you access to a unique view on a candidate’s character. In part two I discussed the issue of cultural fit and it’s important and how social media can help assess the cultural fit of a person. In part three I looked at some of the possible legal issues with using the information found online as part of the selection process.

In the final part of this series I want to bring it all together. A statement between the time I write this and when it is published others may have joined in on the discussion, I know Recruiter Daily will, I may have missed some critically posts in the story, sorry.

The Social Contract

Last week I was chatting with Jared Woods and Kelly O’Shaughnessy and it would be fair to say we probably have slightly differing opinions on the subject, or we did last week :-). One of the out comes during our chat was that more agencies need to disclose what they are doing when it comes to social media content. If you are going to use data you find online, is your Privacy Policy and Collection Statement up to date to cover these activities? Secondly if you are an agency have you spoken with your consultants to ensure that they understand their responsibilities? A really good example comes from SKM’s Graduate Recruitment Blog, which given their target market actually makes sense not sure the same could be said if they were hiring CFO’s.

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Social media as part of background checking (Part 3)

This is part three in my four part series on social media and background checking.

In the first post we looked at laying a foundation for the discussion and about how social media allows you access to a unique view on a candidate’s character. In part two I discussed the issue of cultural fit and it’s important and how social media can help assess the cultural fit of a person.

In part three I want to look at some of the possible legal issues* with using the information found online as part of the selection process.

Discrimination

The first potential issue is that of discrimination.
Discrimination

I would suggest if you want to learn more about discrimination in Australia head over to the Australian Human Right Commission website and review the information for employers. One thing to remember is there are five primary federal laws that cover this area and each state has their own discrimination Acts. While the overall content of the different laws cover essentially the same areas there are discrepancies at both a Commonwealth and state level and even between the states. Add to this sometimes Commonwealth law applies where at other times both Commonwealth and state  laws apply and finally times when only state laws apply. This is a fairly complex area and a legal minefield.

If employers are to use social media as part of the recruitment process to comply with Commonwealth law they need to ensure that the selection process is not influenced by information around race, colour, national or ethnic origin; sex, pregnancy or marital status; age; disability; religion; sexual preference; trade union activity; or some other characteristic specified under anti-discrimination or human rights legislation.

Continue reading “Social media as part of background checking (Part 3)”