Screening Applicants Using Social Networking Sites: Legal Or Liability?

Webinar: ID# 1011707
Recorded CD
About This Course:
Job applicants have long used the internet to research employers. But now, employers are using the internet to research job applicants as well. Employers and recruiters aren't only using search engines to find information on applicants but are now examining social networking sites, such as Facebook® or MySpace®. For job applicants, social networking site are places to interact with peers in any manner they choose. Entries on these sites are typically not meant for employers to view.

Employers tell anecdotes of avoiding serious mistakes by using these tools. Conversely, some job applicants feel they have been denied opportunities unfairly by employers or recruiters snooping on social websites, and viewing materials out of context or web entries meant just in fun for friends.

This live audio conference will review this emerging area of employment law, examining the pros and cons of employers utilizing such tools and the legal landscape. Topics will cover how and why employers and recruiters utilize these sites. It will then cover a number of legal implications, such as problems with employers obtaining information they should not have and privacy issues. Finally, we will examine approaches that employers, recruiters and applicants may consider.


  • Overview: Why the Sudden Interest by Recruiters and Employers in Using Social Networking Sites?
    • Potential Online Tools for Employers - Search Engines, Social Network Sites, Blogs and Chat Rooms
    • What Employers May Find Online and How
    • Why Recruiters Also Need to Be Concerned About the Legal Landmines of Using Social Media to Source Candidates
    • Why Court Cases Have Not Yet Clarified What Employers and Recruiters Can and Cannot Do When Using Social Media for Hiring Decisions
    • The Key Differences Between a Social Media Policy for Hiring, and a Policy for Current Employees
  • The Legal Landscape
    • The Use of Private Behavior for Employment Decisions
    • The TMI Problem - Too Much Information?
    • Privacy in the Brave New Online World - Is Everything on the Web Fair Game?
    • What Is Real? Issues Concerning Identity and Authenticity
    • What Happened to Free Speech?
    • The Use of Third-Party Firm and the Federal Fair Credit Reporting Act
    • New State Laws Prohibiting Employers From Obtaining an Applicant's Online Passwords
  • Where to Go From Here
    • Approaches for Employers
    • Approached for Recruiters
    • Approaches for Job Applicants
    • Approaches for Online Sites and College Placement Offices
    • Using the Web to Investigate Current Employees - A New Legal Minefield

    Lester S. Rosen, Esq.

    • Attorney-at-law and founder of Employment Screening Resources (, a national background screening company headquartered in Novato, California
    • Nationally recognized consultant, writer and speaker on the Fair Credit Reporting Act, pre-employment screening and safe hiring issues
    • Writer of "The Safe Hiring Manual - Complete Guide to Keeping Criminals, Imposters and Terrorists Out of Your Workplace" (Facts on Demand Press), the first comprehensive book on employment screening (Second Edition published October 2012)
    • Qualified and testified in the California, Florida and Arkansas Superior Courts as an expert witness on issues surrounding safe hiring and due diligence
    • Speaking appearances have included numerous national and statewide conferences
    • Former deputy district attorney and criminal defense attorney, and his jury trials have included murder, death penalty and federal cases
    • In 2002, he worked with the California Legislature to amend A.B. 655, a law that affected employers in the area of reference checks and hiring in California, and testified on amendments to the law before the California State Legislature
    • Chairperson of the steering committee that founded the National Association of Professional Background Screeners, the professional trade organization for the background screening industry, where he was elected to the first board of directors and served as the first co-chairman in 2004
    • Licensed private investigator in California
    • J.D. degree, University of California, Davis, serving on the law review; graduate, Phi Beta Kappa, University of California, Los Angeles
    • bio info
    Who Should Attend

    This teleconference is designed for human resource managers, personnel managers, recruiters, benefit and payroll professionals, business owners and managers, and attorneys

    Screening Applicants Using Social Networking Sites: Legal Or Liability?
    Available on CD format
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