Hiring and Social Networks Zach Dingmann Jess Hogan Laura Kerkaert

What are Social Networks? Websites that focus on building online communities of people who share common interests. Examples include: MySpace, Facebook, Twitter

Do Employers Really Look at Social Networking Sites? According to a recent survey by Careerbuilders.com 22% of hiring managers used social networking sites to screen candidates. Of those using the sites, 34% reported finding information that caused them NOT to hire a particular candidate. 25% found content favorable to the candidate in their hiring decisions.

Can Hiring Decisions Be Based On Social Networking Sites? Is it Discrimination? Under the Minnesota Human Rights Act and the Civil Rights Act of 1964 it is unfair employment practice to refuse to hire an applicant because of race, color, creed, religion, national origin, etc. The ADA prohibits an employer from discriminating against a qualified individual with a disability. Title IX ensures employers from discriminating against gender.

How Could Accessing/Searching an Applicant’s Profile Violate Discrimination Laws? Accessing the applicants profile gives the employer information on the applicant’s race, gender, age, and sexual orientation. This information could put the employer in a vulnerable situation where they have to defend against a claim of discrimination.

What does the 1 st Amendment say? In order for a job candidate to succeed on a free speech claim they must show that they engaged in protected speech. This means you can post your professional opinion on policies or issues but it must be done on your own time and not cause disruption to the learning environment.

Do Searches Violate the Fourth Amendment? The Supreme Court of New York in Romano v. SteelCase Inc. 2010, found that an individual has no reasonable expectation of privacy in the contents of a “private” page. Social Networking sites are designed for mass dissemination of information. Privacy is no longer an expectation, but wishful thinking. If an employer requires an applicant to provide the password to their profile, this then violates the Fourth Amendment.

Do Online User Agreements Protect You? Many social networking sites have user agreements. Employers must be mindful of these user agreements. If employers violate these agreements (i.e. asking for password information), they could lose the right to continue to access the site.

Can employees be disciplined for material present on social networking sites? An employer may discipline and terminate an employee who engages in the act of misconduct while at work. More difficulty arises when the conduct occurs on the employee’s free time.

Is an employer entitled to terminate an employee for a Facebook/MySpace posting? After all, the plaintiff might say it was done on my own time, and accessible only to my social networking friends. Moreno v. Hartford Sentinel, Inc. The court dismissed an invasion of privacy lawsuit based on a newspaper’s republication of statements made on a MySpace site. The court said by her posting it on MySpace it made her article available to anyone with a computer, thus making in public. The fact that the plaintiff made her postings available only to a limited audience did not change the analysis.

Spanieman v. Hughes, No (D. Conn. Sept. 16, 2008) Mr. Spanieman created and used a MySpace page when his students asked him to look at their MySpace pages. He claimed that he used the account to communicate with his students about homework and to learn more about them so he could relate to them. The counselor started to receive student complaints. Upon viewing the page, inappropriate pictures that inappropriate comments. She further noticed the teacher was communicating with the students in a very “peer-to-peer like” manner. The counselor spoke to Spanieman and told him his site was disruptive to students. He was advised to deactivate his page. When Spanieman created another page and complaints continued, he was place on administrative leave with pay. Following investigation, the teacher’s contract was not renewed. Did this action violate his rights?

What was the outcome? The U.S. District Court in Connecticut ruled in favor of the school district. Spaineman’s conduct was disruptive to school activities and the learning atmosphere because of the number of complaints. As a teacher, he was expected to maintain a supervisory, professional, and respectful association with his students. The court decided it was not an unreasonable request by the district to not renew his contract.

Can your lifestyle choices be used against you in hiring? Minnesota Statues Section prohibits an employer from refusing to hire an applicant because the applicant has engaged in the use of lawful consumable products during his/her personal time.

S. Snyder v. Millersville University, et. al. Millersville University in Pennsylvania, accused student Stacy Snyder of promoting underage drinking, after they discovered a photo on her MySpace page titled "Drunken Pirate," in which Snyder can be seen wearing a pirate hat and drinking from a plastic cup. At the time, Snyder was 25 and working as a student-teacher at Conestoga Valley High School. Snyder maintained that the photo was taken at a costume party off campus and after school hours. But when the university refused to issue her a teaching degree, Snyder sued citing violation of her First Amendment rights. Did this violate her rights? Millersville University

What was the outcome? The court ruled in favor of Millersville University in not granting teacher certification. Upon investigation, the plaintiff did not meet requirements of the student teacher practicum, did not meet the expectations of conduct/professionalism that the University clearly requires. Since the picture was posted while she was considered a “teacher” this gave the University more reason to doubt her professionalism.

What should you consider when using social networking sites? Do not use school computers to post information. Keep personal pages “private.” Ask, “How much information is too much information?” You are responsible for any content online, on the computer, and linked to the page even if the account is hacked. Any morally or ethically inappropriate content may harm professional status.

What can we conclude? Social networking websites provide immense information of employees and candidates for employment. However, there are serious potential legal implications, both positive and negative, from using these websites when making employment decisions. If the decisions to use them is made, school districts must do so with great care.

Questions???? Starring (In alphabetical order) Jess Laura Zach