Social Media in Employment Decisions

Abstract

Information posted to social media sites like Facebook, YouTube, and Instagram, is increasingly important to employers. Part I of this paper explores how and why employers are using social media, and how ideas of privacy and what is private are evolving both legally and socially. Part II covers proper and lawful uses of social media in the employment context. Part III discusses improper uses of social media, even if it has been lawfully obtained. Part IV analyzes legal obstacles to obtaining social media. Finally, Part V discusses how employer's use of social media can benefit potential employees.