Legal Concerns When Considering Social Media Data in Selection

Abstract

This chapter examines the current state of the law in the United States on the use of social media data in the employee selection process. We begin by reviewing existing legal protections that could be violated when organizations use social media data, and we discuss recent case law involving social media and selection. We highlight various federal laws that have been used by the courts in social media selection cases, and we examine state laws that ban employers from asking applicants to provide social media user names and passwords as a condition of employment. We then review three examples of laws in other countries that could impact the use of social media data in selection both practically and legally. We conclude by suggesting practical guidelines for employers in their use of social media data in selection.