


"We have seen pictures of people driving a vehicle with a beer in their hand and that's posted," said Max Drucker, CEO of Social Intelligence of Santa Barbara, which helps screen the sites for employers in Silicon Valley and elsewhere. "We found a picture of a person wearing a T-shirt with flagrantly racist remarks."

While companies long have kept an eye on workers posting information that might hurt business, their screening of job applicants' social media pages is proving especially contentious. Employers say they do it to keep from making hires they would later regret. But courts have yet to hash out the legal implications of the checks, and critics find the practice offensive.




No chance to explain


Other surveys have found that anywhere from 18 to 63 percent of employers review social media sites to assess job candidates. But many don't know that. A 2010 Microsoft study found that just 7 percent of those it surveyed in this country realized employers might peruse that data.



It's unclear how many local employers do social media checks. While Intel (INTC) doesn't, according to a representative, Hewlett-Packard (HPQ) declined to discuss the matter, and representatives from two companies that advise employers on social media screening wouldn't identify the Silicon Valley companies they say engage in the practice.


Social Intelligence insists it does nothing wrong, and the Federal Trade Commission, which examined its practices last year, found no reason to disagree.


Revealing information


On the other hand, these legal experts note, employers could be sued for not using social media to screen applicants -- particularly if they hire a dangerous or otherwise unfit person, whose negative qualities could have been spotted through a social media check.

As it is now, employers have limited legal guidelines to go on for what they can and cannot do, said Les Rosen, an attorney whose company, Employment Screening Resources of Novato, advises hiring managers about such risks.


Contact Steve Johnson at 408-920-5043.

Tips for job seekers

Here are ways to avoid letting your social media posts ruin a chance at a new job:
Think twice about posting images or details an employer might view as evidence that you're unfit to be hired.
Realize that such privacy settings may not hide everything you post, because employers may demand social media user names and passwords.

Source: Staff reporting

Tips for employers

Here are some ways employers can minimize the risk of being sued when screening job applicant's social media posts:
Don't use fake identities to gain access to social media sites.

Source: Employment Screening Resources of Novato