ABSTRACT

Surveys, media reports, and quotes from some employers suggest that because of online misbehavior, Internet searches are being added to prehiring background investigations.1 However, the media reports appear to indicate that most private and public sector employers lack several key ingredients necessary for fair, legal, and appropriate use of Internet searching for hiring adjudications, including a written policy, procedures, search methodology, adjudication methods, notice to applicants, consent (as currently used for background investigation interviews with prior employers or schools), and an opportunity to correct adverse ndings.2 These and certain other procedures would insulate an employer from potential liabilities arising from Internet searching, including possible violations of the Fair Credit Reporting Act and Equal Employment Act. Without proper procedures and safeguards, an employer’s human resources and other decision makers might use Internet searches and the results thereof inappropriately.