With social media being as prevalent as it currently is, many potential employers are looking at candidate’s social media presence as part of the hiring process. Do you believe that his is a good practice? Is it legal? Does it infringe on the candidates 1st amendment rights? Why/Why not?
I do not believe employers vetting candidates via social media treads upon anyone’s first amendment rights, just as I don’t believe potential employers calling professional references is a violation of the first amendment, either.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
In fact, interpreted loosely, barring employers from investigating social media almost seems like a violation of freedom of the press. It’s almost a violation of the 1st amendment to prevent an employer from investigation. The information is public, freely posted of the potential employees on volition, and depending on the status of the profile in question, well within the reasonable expectation of privacy.
What I wouldn’t agree to, is employers creating a false profile to “friend” the potential candidate, or entrap the prospective employee in chat by asking pointed questions under the guise of some scantily clad young thing that is only going to be in town for the weekend, as this violates most Terms of Service Agreements, and is patently dishonest.