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In job interviews, employers are by law not allowed to ask about a candidate's religion, marital status or sexual orientation. But many do check social media profiles of prospective hires, where this type of information might be found. NPR's Yuki Noguchi reports the use of social media in hiring is raising questions for employers and job applicants.
YUKI NOGUCHI, BYLINE: Don Kluemper teaches management at the University of Illinois at Chicago. His students say after a job interview, they sometimes receive friend requests from their interviewers.
DON KLUEMPER: They didn't know why they were being friended, if it was some personal request or if the person was going to be screening their profile.
NOGUCHI: Kluemper say it puts the students in a bind. They fear that not accepting the request might hurt their chances, but they also feel compelled to scrub their profiles before accepting.
KLUEMPER: All of those questions that you shouldn't ask in a job interview is readily available on a social networking website like Facebook. So that creates the problem.
NOGUCHI: According to the Society for Human Resource Management, 77 percent of employers now use social networking to recruit candidates, up from 34 percent six years ago. About a dozen states have banned employers from asking workers for their social media passwords, and Congress is considering several measures that would make that a national policy.
There's nothing illegal about Googling a prospective worker, but as far as using information that a job seeker makes publicly available, well, the rules aren't exactly clear. The Equal Employment Opportunity Commission has not issued specific rules governing social media, and since so much of the searching is done unofficially, Kluemper says rules might not even help.
KLUEMPER: Policies and regulation might just force hiring managers to do this in a less structured and more informal way, which wouldn't be positive.
PATRICIA SANCHEZ ABRIL: This is a really gray area right now.
NOGUCHI: Patricia Sanchez Abril is a business law professor at the University of Miami. She says anti-discrimination laws apply regardless where an employer sees the information. But...
ABRIL: How do you prove that the employer Googled you and learned that you want a big family or that you keep the Sabbath? It's much harder to prove, especially since many of these judgments are even formed subconsciously. It's the employer may not even realize that he or she is discriminating.
NOGUCHI: And research shows that employers are discriminating based on what they find on social media. Alessandro Acquisti is a professor of information technology and public policy at Carnegie Mellon. He recently set up fake identities of identically qualified candidates who identified their religion only on social media.
ALESSANDRO ACQUISTI: Our results suggested that yes, there will be indeed opportunities for discrimination.
NOGUCHI: Those who self-identified as Muslim online averaged 17 percent fewer callbacks nationally. But Acquisti says that it's hard for policymakers to address these issues because technology always outpaces the law.
ACQUISTI: What to do next is unclear.
NOGUCHI: Renee Jackson is a technology and workplace attorney who tells her employer clients...
RENEE JACKSON: They're allowed to look, but they're not allowed to use.
NOGUCHI: And to make their hiring policies clear and uniform, she counsels clients to draw up policies.
JACKSON: Who is going to do the search; when the search will be conducted during the hiring process; what sites will be searched; what type of information they're looking for.
NOGUCHI: As well as how might the company allow a candidate to rebut or explain suspicious information. There are also third-party firms like Social Intelligence that conduct social media searches for employers, looking for violent, racist or other illegal behavior but redacting any information that's illegal to consider.
Job candidates might find it tempting to do away with a social media presence altogether. But Michael Fertik, the CEO and founder of Reputation.com, says then you're then sacrificing your chances at online recruitment.
MICHAEL FERTIK: Employers are increasingly relying on machines, on machines, to surface candidates for them.
NOGUCHI: Fertik adds it's not just a one-way street, either.
FERTIK: Candidates research people who interview them all the time. They are evaluating you just the way you're evaluating them.
NOGUCHI: So employers need to watch how they appear online, as well. Yuki Noguchi, NPR News, Washington.
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