ABSTRACT
This chapter explores several legal issues that apply when employers use social media for employment decisions. In addition to risks based on widely considered federal US nondiscrimination laws such as the 1964 Civil Rights Act and the Americans with Disabilities Act, other federal laws, including the Genetic Information Nondiscrimination Act and the Fair Credit Reporting Act, can also impact the use of social media when hiring. The chapter notes developing Equal Employment Opportunity Commission policy in this area, and briefly addresses the issue of negligent hiring. It provides an extensive picture of the risks to those using social media for employment decisions. The chapter provides recommendations to business people who want to use social media as a valuable information source during their hiring process, but want to reduce the accompanying legal risks. An employer might think that it is difficult for a plaintiff to know whether or not a social media search has been conducted on someone's social media sites.
