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Employment Law and Social Media

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Social media is changing the landscape of hiring and promotion. Some companies are going to candidates' social media pages (i.e. Twitter, Facebook, and MySpace) and looking at their postings and pictures before making hiring decisions. Some would argue that this can lead to impermissible discrimination by viewing this information. Some might argue that this is a violation of privacy and should not be allowed. Others would argue that viewing this information is fair game if the person did not opt to make their profile confidential. What is your opinion? Defend your thoughts. Cite to any articles or case law you reviewed prior to responding to this question.

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Solution Preview

What is your opinion? Defend your thoughts. Cite to any articles or case law you reviewed prior to responding to this question.

This is a complex question. As an employer, I want to know as much as I can about an applicant, in order to make the best possible hiring decision. The problem is that when I learn something about the applicant that could be considered discriminatory, it can easily lead to a lawsuit. If I have two applicants, applicant A and applicant B, and search their facebook profiles, I may find the following -

Applicant A has decided to make his/her profile private. I can't tell much. When I met applicant A, I noticed s/he was very well-mannered, and seemed like a private person. The fact that her/his profile is ...

Solution Summary

This solution provides a thorough discussion regarding privacy and social media. The points surrounding social media profiles being set to confidential or public view is extensively discussed.

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