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Should You Google Job Candidates?

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A recent survey conducted by CareerBuilder found that 48 percent of employers will use Google or other search engines to research candidates.13 Using Google or other social media platforms to research job candidates is a slippery slope. On one hand, you may discover information that indicates the candidate is a perfect fit for your practice culture — or, conversely, that the candidate would be happier in a work environment very different from your own. On the other hand, you may also find information that you are prohibited from taking into account during the hiring process. Examples include marital status, religious affiliation, or age. If the candidate is not hired and can prove you knew about these things in advance of the interview, you may be open to potential discrimination suits.

If you choose to use search engines or social media tools in the hiring process, be sure to protect yourself. The following guidelines for conducting a legal search have been adapted from the American Bar Association’s monthly webzine, Law Practice Today14:

1. Don’t do online searches yourself. Do hire a third-party vendor to conduct the social media search. You can limit what you learn about the candidate by providing the vendor with a specific list of details you wish to verify. A vendor who specializes in these searches has the tools to conduct in-depth research, and may be able to go back further in history than you can.

2. Do have a written policy in place. Don’t stray. A policy informing candidates that you may conduct an Internet search as part of the interview process is a good idea. Identify which sites will be searched, as well as what criteria will be considered in the job search. It is also wise to disclose that a third party, not the person with the final hiring decision, will be conducting the search. Figure 1.17: Sample Information Release Waiver and Indemnity contains language that should cover these points.

3. Do inform applicants you will be conducting a social media search. Don’t ask for passwords. Some sites consider it a violation of their terms of service for someone other than the account owner to log in using the owner’s credentials. In fact, certain states consider this practice illegal. At the very least, asking for a candidate’s passwords connotes a violation of trust even before the candidate is hired.

4. Do document. Don’t rely on your practice’s social media policy. Use the templates in this chapter to document each step of your job search. Also keep in mind that your social media policy applies to your current employees, not prospective ones. (For a sample social media policy, see Chapter 3: Employee Policies.)

A recent survey conducted by CareerBuilder found that 48 percent of employers will use Google or other search engines to research candidates.

Creating and Updating an Employee Policy Manual: Policies for Your Practice

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