Using Internet to Screen Applicants has Legal Risks

Written By Thomas Ahearn

Legal Risks & Legal ComplianceTo help employers and recruiters navigate legal risks when screening, Attorney Lester Rosen, CEO of Employment Screening Resources (ESR), will present a webinar with Clear Law Institute titled Legal Risks of Using the Internet to Recruit and Screen Applicants on Wednesday, May 21, 2014 from 3:00 PM to 4:15 PM ET. To register for this event, which has been approved by the HR Certification Institute (HRCI) for 1.25 hours of general recertification credit, visit: http://clearlawinstitute.com/legal-risks-of-using-the-internet-to-recruit-and-screen-applicants/. (NOTE: This webinar is rescheduled for July 10, 2014. Click here to learn more.)

“Employers and recruiters have discovered a treasure trove of information on potential job applicants by using social networking sites and search engines,” says Rosen, author of ‘The Safe Hiring Manual,’ the first comprehensive guide to employment screening. “However, the unrestricted use of Web 2.0 could well land an employer, human resources professional or recruiter in hot water.  Just because it is online does not mean it is true or free of legal risks.”

Examples of Web 2.0 include social networking sites such as Facebook, Twitter, and LinkedIn and video sharing sites such as YouTube. The session will examine pros and cons of employers utilizing such Internet tools, including what is available online, discrimination issues, use of legal off-duty conduct, and privacy, accuracy and authenticity. Through case studies, legal decisions and reviewing web sites, recruiters and HR professionals will see visually how these sites work, what they may find, and the potential landmines and practical legal risks involved.

Rosen will focus on strategies for getting information while minimizing potential complaints for discrimination or invasion of privacy. The session will also uncover how Web 2.0 is used fraudulently, such as fake degrees and phony references. Learning points include:

  • Learn why employers, human resources, and recruiters use search engines and social network sites to screen candidates.
  • Review what sites are available and what you may find.
  • What are the legal risks in using these sites?
  • Isn’t everything on the web fair game since privacy is waived once someone places something on the Internet?
  • How do discrimination laws and rules concerning off-duty conduct apply?
  • Uncover best practices for employers, HR, recruiters and job applicants.

Questions about the webinar Legal Risks of Using the Internet to Recruit and Screen Applicants should be directed to Clear Law Institute at (703) 517-5869 and info@clearlawinstitute.com.

Rosen founded Employment Screening Resources® (ESR) in 1997 in the San Francisco, California area and the company accredited by the National Association of Professional Background Screeners (NAPBS®). He was also the chairperson of the steering committee that founded the NAPBS, a professional trade organization for the background screening industry, and served as the first co-chairman. He is a frequent presenter on background check issues for “ESR Speaks” and his  appearances have included numerous national conferences.

Avoid Legal Risks when Screening with ESR Assured Compliance®

Employment Screening Resources® (ESR) understands compliance with laws that govern the background check process can be confusing at best. Our fully automated ESR Applicant Generated Report® (AGR) system is constantly updated with required changes in hiring and employment laws making compliance with new regulations virtually painless in a totally paperless environment. We call this ESR Assured Compliance® – only from Employment Screening Resources® (ESR). To learn more, visit http://www.esrcheck.com/Effortless-Legal-Compliance.