The Internet is an invaluable tool in many workplaces, but lately it’s become a somewhat unexpected cause of employment law litigation.
Two issues lead the wired way to the courthouse. When employers gather information about job candidates through web sites such as Google, Facebook and MySpace, they expose themselves to discriminatory failure-to-hire lawsuits. They also face potential liability for what employees do while using the Internet.
Getting to know you—too well
When it comes to discrimination, ignorance is often bliss. It’s impossible for an employer to discriminate based on information it does not have. Employers usually take care not to ask applicants about their age, race, gender, disability or other protected characteristics. However, viewing a candidate’s Facebook page may provide some of that information—and possibly much more. By accessing such information, the employer loses the ability to claim ignor...(register to read more)
- Exception to the rule: You can ask internal and external applicants different questions
- Harassment a problem in the past? That's no excuse for not hiring women
- Is your workplace really tolerant?
- Good news: Court rules employee suit frivolous--Bad news: You probably won't recover legal fees
- Watch out for rivalry that could spawn lawsuit