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Essay: Exploring the Benefits and Legal Concerns of Using Social Media for Recruitment

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  • Published: 1 April 2019*
  • Last Modified: 23 July 2024
  • File format: Text
  • Words: 1,187 (approx)
  • Number of pages: 5 (approx)

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1. Introduction

The aim of this presentation was to assess whether or not social media should be used by employers as part of the recruitment process.

By examining a range of published journal articles and books, we analysed the current process of screening applicants, we established the legal and ethical concerns when using social media to hire and we assessed how people’s privacy is affected by the use of social media when recruiting as well as the legal concerns associated with negligent hiring.

2. Analysis

2.1 The process of screening applicants

The process of screening applicants involves employers reviewing resumes and cover letters in order to examine candidates to identify those which are more qualified and appropriate for a job vacancy. From all the CVs they receive, just the best candidates are invited to attend an interview (MaRS, 2014).

2.1.1 Advantages of using social networks

Strengthening relationships with potential employees is an advantage of using social networks as the employer can segment the characteristics of each employee and recruit the most suitable candidate.

By using social networks, businesses can be more engaged with future generations allowing them to access a wider scope of people which results in a more successful recruitment process (HR Tool: Employment Advice, Tips & Case Studies – WorkPocket, 2017).

2.1.2 Disadvantages of using social networks

Being a labour-intensive process can be a disadvantage of using social networks as it depends upon personnel, this means it will be costly and time consuming for the business.

 Another issue that might affect employees is that businesses fail to differentiate personal and professional life and may not agree on interviewing candidates depending on their activity reflected on their social networks (HR Tool: Employment Advice, Tips & Case Studies – WorkPocket, 2017).

2.2 Legal and ethical considerations

From 2006 to 2016 the use of social media to screen employees has increased from 11% to 60% (Careerbuilder.com, 2016), this is due to the increase in use of social media as well as the technological advancements. As it is fairly new, in the near future new laws and regulations will most probably be introduced to protect the users privacy.

Data Protection:

Obtaining it unlawfully – social media contains personal data. One’s privacy settings can imply they are giving permission so if everyone can view it there is no protection

Equality Act:

Protection from discrimination within the workplace – grey area does it necessarily apply since they are within the recruitment process and not yet hired. Does an employer ‘snooping’ count as discrimination if they choose to not hire someone based on their ‘digital personality’

Human Rights:

Right to liberty and security, respect for your private life, protection from discrimination (is it private/freedom if you publish it online?)

Regulation of Investigatory Powers:

Regulates the powers of surveillance and investigation – is ‘snooping’ without legitimate concern ok?

No current laws:

Nothing stops employers from social media screening – future laws or “opt out” option 1 social media policies “legal documents”(Headworth,2015) 1 in May 2018 General Data Protection Regulation

Privacy:

Is it truly private if the employee puts it out their themselves is social media truly private? “once a digital image is on a computer or a phone, it’s out there forever, even if it’s been deleted”(Cumbow, 2011) 2

Confidentiality:

Personal data is confidential and should be protected

Conflict of interest:

Where two parties have different concerns

Secrecy:

Does the employee have a right to – raises the issue they should have nothing to hide anything important should be raised in the interview/ application

Deception:

No way of knowing if their profile has been access (except linkedIn) – discrimination – ageism? Generally younger people have profiles

2.3 Invasion of Privacy

Social media has provided businesses with an insight as to who they are hiring which allows them to get to know candidates in depth and gather more information they provide in CVs and application letters, saving them time and money.

Facebook state the following in their terms and conditions: “We share information we have about you within the family of companies that are part of Facebook.”

“When you use third-party apps, websites or other services that use, or are integrated with, our Services, they may receive information about what you post or share.” (Facebook, 2017). Once you accept these terms and conditions when you create an account, Facebook are allowed to share your information with third party companies. Everything from interests, activities, political views, sexual orientation, relationship status, religious beliefs and any other information can be accessed and used against the user and in some cases even creating a false perception of the person (Rosendo and Oliveira, 2017).

When using social media to recruit, we sometimes cross the fine line of what is public and what is private. Once something is posted on a social media account, it becomes public, in some cases, even if the user has a private account. Which means anyone can access what you have posted and even what people post of you.

2.4 Negligent hiring and legal concerns associated with it

According to a study carried out by Career Builder, more than 25% of Human Resources professionals have come across something on social media that has led them to either disapprove or fire someone (Careerbuilder.com, 2016).

3. Critical Evaluation

In my opinion, social media should be used as part as the recruitment process as it provides businesses with a better insight of who they are hiring which will save the company money as they will be more accurate when hiring as well as keeping employee turnover low.

Using social media will benefit businesses however employees will have to be more careful with what is posted online. However, users cannot control the information or data others reveal about them (Kumar, Sharma and Yadav, 2014), making it extremely difficult to control everything posted on the web.

4. Conclusion

Social media can be a useful tool for businesses when hiring new staff, however it must be used in a correct manner. Even though there are currently no laws that protect the social media user’s privacy, business must evaluate if it is ethical and if it fits in with the company’s ethos. Businesses should consider freedom of speech as well as the employees’ rights and also follow the law at all times.

5. References

BELTON, A. (2014). SOCIAL NETWORKING IN RECRUITMENT. [S.l.]: IMPACKT PUBLISHING.

Careerbuilder.com. (2016). Number of Employers Using Social Media to Screen Candidates Has Increased 500 Percent over the Last Decade – CareerBuilder. [online] Available at: https://www.careerbuilder.com/share/aboutus/pressreleasesdetail.aspx?sd=4%2f28%2f2016&id=pr945&ed=12%2f31%2f2016 [Accessed 13 Dec. 2017].

Facebook.com. (2017). Data Policy. [online] Available at:

https://www.facebook.com/privacy/explanation [Accessed 7 Nov. 2017].

HR Tool: Employment Advice, Tips & Case Studies – WorkPocket. (2017). Different Recruitment Methods: Advantages & Disadvantages – WorkPocket. [online] Available at: https://workpocket.randstad.co.uk/finding-candidates/different-recruitment-methods-advantages-disadvantages/# [Accessed 13 Dec. 2017].

Kumar, M., Sharma, N. and Yadav, M. (2014). A Practical Framework and Approach for Privacy Issues Concerning Social Networking Sites. International Journal of Computer Applications, 86(12), pp.1-6.

MaRS. (2014). Recruitment for startups: Screening job candidates. [online] Available at: https://www.marsdd.com/mars-library/screening-job-candidates/ [Accessed 13 Dec. 2017].

Rosendo, M. and Oliveira, A. (2017). The Importance of Online Exposure when Applying for a Job. [online] Mcser.org. Available at: http://www.mcser.org/journal/index.php/mjss/article/view/9846/9484 [Accessed 13 Dec. 2017].

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