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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 2012 enforcement trends in employment law: hiring and safety
- Steer clear of 'gasbag syndrome'
- Dubious request for ADA accommodation? Be prepared to document rationale for denial
- Work the ADA process when it isn't obvious an employee has a qualifying disability