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Social Media in Hiring Decisions: Legal and Ethical Implications Essay

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Introduction

Social networks are a source of accessible information about a person. The employer may decide to use the disclosed information found when making hiring decisions. Hiring managers rarely come across candidates who do not have a page on at least one of the social networks. Anyone can get a lot of information about any person using a simple Google search containing the name of the individual (Picardi, 2019, p. 252). With this wide range of options, an employer may be tempted to go on a public profile and learn about a candidate’s personality, lifestyle, and interests (Picardi, 2019, p. 252). Whether such open-source searches are appropriate and ethically justified in hiring decisions may be debatable.

Impacts of Using Social Media Content on Hiring Decisions

The implications of using social media to make hiring decisions can be both negative and positive. From a legal point of view, viewing publicly available information about a person on social networks is legal (Picardi, 2019, p. 256). However, if information found on social media also influences job denial, this may be considered a sign of discrimination (Picardi, 2019, 256). Violation of privacy is another negative consequence of using social media for decision-making. In addition, information posted on social networks may not be accurate and give a false impression of the candidate. Finally, viewing open information can take a significant amount of time, which slows down the process of finding a suitable employee.

EEOC Guidelines on Social Media Content in Hiring

The Equal Employment Opportunity Commission (EEOC) takes a stand on using social media in hiring decisions. The EEOC urges that this practice should not be encouraged, as using such information may become a tool of discrimination (Picardi, 2019, p. 256). Such policies may violate EEOC principles prohibiting discrimination based on race, religion, sex, national origin, age, disability, or political opinion (Picardi, 2019, p. 256).

If an employer uses social media to discriminate, there will be legal risks. An applicant can sue or complain about discrimination to the EEOC (Picardi, 2019, p. 256). Such actions by the employer may also be considered a privacy violation. In the case of using information from closed profiles using dubious methods of data extracting, the company may be held liable for illegal activities.

At the same time, checking social media profiles can benefit both the employee and the employer. Using public information for background checks is legal (Picardi, 2019, p. 256). This allows the managers to speed up the process and ensure the candidates are who they claim to be.

Social media can provide insight into communication skills, self-presentation opportunities, and hobbies. According to some profiles, the company can understand, without additional checks, whether the candidate corresponds to the values and vision of the organization. Social media can positively expose a candidate by showing non-obvious skills that could be valuable for the job. Preliminary familiarization with a potential employee’s personality saves time, helping to avoid additional questions during the interview.

Conclusion

In conclusion, viewing candidate information on social media has positive and negative implications. If this information is used as a source of discrimination, such a process is illegal. Gathering information can also slow the hiring process and provide the employer with false information about the applicant. However, social media can showcase additional valuable skills and help reduce interview time. Using social media information ethically and legally can benefit an organization’s hiring process.

Reference

Picardi, C. A. (2019). Recruitment and selection: Strategies for workforce planning & assessment. SAGE Publications.

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IvyPanda. (2025, January 23). Social Media in Hiring Decisions: Legal and Ethical Implications. https://ivypanda.com/essays/social-media-in-hiring-decisions-legal-and-ethical-implications/

Work Cited

"Social Media in Hiring Decisions: Legal and Ethical Implications." IvyPanda, 23 Jan. 2025, ivypanda.com/essays/social-media-in-hiring-decisions-legal-and-ethical-implications/.

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IvyPanda. (2025) 'Social Media in Hiring Decisions: Legal and Ethical Implications'. 23 January. (Accessed: 21 March 2025).

References

IvyPanda. 2025. "Social Media in Hiring Decisions: Legal and Ethical Implications." January 23, 2025. https://ivypanda.com/essays/social-media-in-hiring-decisions-legal-and-ethical-implications/.

1. IvyPanda. "Social Media in Hiring Decisions: Legal and Ethical Implications." January 23, 2025. https://ivypanda.com/essays/social-media-in-hiring-decisions-legal-and-ethical-implications/.


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IvyPanda. "Social Media in Hiring Decisions: Legal and Ethical Implications." January 23, 2025. https://ivypanda.com/essays/social-media-in-hiring-decisions-legal-and-ethical-implications/.

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