Oh the Places We'll Go: Recruiters, Human Resource Managers, or Private Investigators

Oh the places we must go these days when hiring a candidate. Dr. Seuss had no idea! This morning, we were advised that we will be required to fingerprint all temporary associates for a large Fortune 100 client. Better than this was an article that I read this morning about social media. Interviewers are now asking potential candidates for their Facebook Login and Password. To what lengths can we go and should we go before hiring a candidate? In my opinion, hiring authorities are starting to enter dark, uncharted waters in these tough economic times. Many paths could lead to legal disaster.
When Justin Bassett interviewed for a new job, he expected the usual questions about experience and references. So he was astonished when the interviewer asked for something else: his Facebook username and password. Bassett, a New York City statistician, had just finished answering a few character questions when the interviewer turned to her computer to search for his Facebook page. But she couldn't see his private profile. She turned back and asked him to hand over his login information. Bassett refused and withdrew his application, saying he didn't want to work for a company that would seek such personal information. But as the job market steadily improves, other job candidates are confronting the same question from prospective employers, and some of them cannot afford to say no. ~ Seattle AP
In their efforts to vet applicants, some companies and government agencies are going beyond merely glancing at a person's social networking profiles and instead asking to log in as the user to have a look around. "It's akin to requiring someone's house keys," said Orin Kerr, a George Washington University law professor and former federal prosecutor who calls it "an egregious privacy violation." Questions have been raised about the legality of the practice, which is also the focus of proposed legislation in Illinois and Maryland that would forbid public agencies
from asking for access to social networks.
Since the rise of social networking, it has become common for managers to review publically available Facebook profiles, Twitter accounts and other sites to learn more about job candidates. But many users, especially on Facebook, have their profiles set to private, making them available only to selected people or certain networks.
Companies that don't ask for passwords have taken other steps, such as asking applicants to “friend” human resource managers or to log in to a company computer during an interview. Once employed, some workers have been required to sign non-disparagement agreements that ban them from talking negatively about an employer on social media.
Asking for a candidate's password is more prevalent among public agencies, especially those seeking to fill law enforcement positions such as police officers or 911 dispatchers. E. Chandlee Bryan, a career coach and co-author of the book "The Twitter Job Search Guide," said job seekers should always be aware of what's on their social media sites and assume someone is going to look at it. Bryan said she is troubled by companies asking for logins, but she feels it's not a violation if
an employer asks to see a Facebook profile through a friend request. And she's not troubled by non-disparagement agreements. "I think that when you work for a company, they are essentially supporting you in exchange for your work. I think if you're dissatisfied, you should go to them and not on a social media site," she said.
More companies are also using third-party applications to scour Facebook profiles, Bryan said. One app called BeKnown can sometimes access personal profiles, short of wall messages, if a job seeker allows it. Sears is one of the companies using apps. An applicant has the option of logging into the Sears job site through Facebook by allowing a third-party application to draw information from the profile, such as friend lists. Sears Holdings Inc. spokeswoman Kim Freely said using a Facebook profile to apply allows Sears to be updated on the applicant's work history. The company assumes "that people keep their social profiles updated to the minute, which allows us to consider them for other jobs in the future or for ones that they may not realize are available currently," she said.
Giving out Facebook login information violates the social network's terms of service. But those terms have no real legal weight, and experts say the legality of asking for such information remains murky.
The Department of Justice regards it as a federal crime to enter a social networking site in violation of the terms of service, but during recent congressional testimony, the agency said such violations would not be prosecuted. But Lori Andrews, law professor at IIT Chicago-Kent College of Law specializing in Internet privacy, is concerned about the pressure placed on applicants, even if they voluntarily provide access to social sites. "Volunteering is coercion if you need a job," Andrews said. Neither Facebook nor Twitter responded to repeated requests for comment.
In New York, Bassett considered himself lucky that he was able to turn down the consulting gig at a lobbying firm. "I think asking for account login credentials is regressive," he said. "If you need to put food on the table for your three kids, you can't afford to stand up for your belief."
A few questions to ponder: are we outsourcing so much that we can’t ascertain from an interview what we need in order to make a proper hiring decision? Has the lack of face to face interviewing finally caught up to some companies?
My feeling on these issues is that it’s best to keep your private life, private. We are constantly having these discussions among colleagues at McIntyre and although many of our staff and interviewees are on all forms of social media, some are not.
I believe that we as Recruiters & HR Professionals should be aware of social media platforms like Twitter & Facebook, but should review them with caution and thought in mind and certainly not ask for login and password information. Social Media has made everything to accessible and available – I think we all need to pull back a little bit, apply some common sense and logic and appreciate that much of the information can be misleading and often blown out of proportion. In addition, with savvy internet graduates entering the workforce daily, I am certain this temporary faze of asking for log-in information and passwords will be short lived, as there isn’t a person that I can think of that would want to work for a firm that would ask for this kind of information. In addition, if potential employers start invading a candidate’s privacy as a common hiring practice, people will no longer reveal or disclose anything personal. What’s meant to be private should remain private, and these hiring tactics of getting Facebook account login information is too assertive for my liking. It crosses down a slippery slope of privacy invasion and, in my opinion, is not worth it. My advice, set up quality face to face interviews, use extremely reputable recruiters, make sure your firm and Staffing firm(s) run tight detailed background checks, and monitor and ensure your staff is conducting informative, practical hiring measures with multiple people.

Until next month, live with passion!