Legal, Policies, and Ethics

Let's suppose that you have a dream job. Working hard to become a potential candidate, you gained formal education and training, created a full resume, and networked with a variety of individuals within that particular career field. You feel confident that your hard work will pay off.

Now, imagine applying for that job. Everything seems to be going well. You receive a call, and they even invite you in for an interview. And then.... they ask for your social media passwords.

Shocked that organizations would use sources such as Facebook to gauge future employment? Responses to situations such as the one outlined above have created a stir across the United States over the last several years. Not only are jobs using this information to filter potential candidates, but other institutions, such as colleges and universities, have begun to incorporate these tactics.

At time of writing, 12 of the 50 states had passed laws banning such practices. One might ask what could be the harm in such investigations. According to Governor Pat Quinn (Illinois), students have lost jobs as a result, while others were forced to deactivate their accounts. ITT architecture student, Pegah Shabehpour, stated, "Especially in times like this when there are not a lot of jobs, that puts a lot of pressure on you."

While it is clear that these practices may limit individuals in the hiring process, it is important to remember how this may be seen as a violation to citizens' privacy and rights. According to Dave Maass, spokesperson for the Electronic Frontier Foundation, "When an employer asks for access to their social media, it's essentially the same as if an employer asked for full access to their house... poking through their mail, looking in their drawers, sitting in at conversations at the dinner table."

In a recent study of this topic, committee members noted, that allowing access to a person's social media account may cause unintended liability to the employer, such as a discrimination claim if the access to the hiring entity revealed otherwise protected information, such as health care issues or sexual orientation."

What do you think? Do employers have the right to learn about potential employees in this way?