Is this request proper/ legal/ helpful/ a violation of a
job-seeker’s first amendment rights? We
are in uncharted territory here, fellow pioneers.
Here’s one side:
At some point in the hiring process, an employer will likely
ask a candidate to authorize verification of education and professional certifications,
provide references from prior employers, possibly submit to drug testing, and
in some cases expose themselves to criminal background and credit checks. (Some states have severely curtailed use of
credit checks for employment consideration.
I agree that credit background on a bricklayer is unnecessary but for highly
responsible financial roles, I assure you, it is critical. Imagine hiring a CFO
who had fully exhausted the line on 15 credit cards and had three mortgages on
his house?) Since most candidates agree
to authorize these incursions into their private lives, why not Facebook?
On the other hand:
Headhunters and hiring managers are prohibited by law from
asking potential employees about such matters as family plans, sexual
orientation, religious affiliation, medical history and more. So why should a candidate be pressured to allow
an employer into a personal social network that might well reveal the answers
to all these forbidden questions, in addition to their favorite alcoholic
beverages and a proclivity for skinny-dipping.
Well, I am not a constitutional lawyer but I function as one
frequently in discussions with my wife, children, and at parties where there is
alcohol. Based upon that legal
foundation, my first thought is that this passion for someone’s Facebook
password is troubling. Many of us might
not survive even the initial password pass-along, especially if our well-used
password seems silly, juvenile, or just plain strange. (Ilovemuffinforever, killtheman -- you know
who you are.) But, even if you survive shelling
out your cool, yet tasteful password, do you want your potential employer to
know that you “like” Political Candidate X, play Facebook Slots, and last
checked in from Miss Kitty’s Bar & Grill at 3 am last Thursday night? (Hey,
open mike nights are really fun.)
As a result of the Facebook password controversy, several
states have introduced bills that would prohibit coerced Facebook access. And
now, a bill has been introduced at the federal level that would prevent
employers from seeking access to social networking sites “to discipline,
discriminate or deny employment to individuals…” I reluctantly support the concept of this
proposed legislation.
Anyone who knows me well knows that I have a nothing but
disgust for excessive laws and regulations (and many of the people that author
them.) The laws seem designed to replace common sense.
Having said that, it seems that the unwanted presence of strangers in
your Facebook community just might destroy the freedom to share personal
thoughts and pictures with your selected “friends” and even potentially destroy
these social forums altogether.
Meanwhile, until legal restrictions are in place, I suggest
you either take down your Facebook profile for the length of your job search,
or at least remove all pictures in which you are over-served or
under-dressed. This way, you can
happily provide your new password, Ilovemywork, to a potential employer when
you are asked.
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