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1. FEATURE STORY:
“GOOGLING” APPLICANTS: WORTH THE FACTS OR WASTE OF FICTION?

Like many employers, you may supplement your usual background-checking procedures by searching the Internet for additional information on applicants. Not by signing up for an online background-checking service, but by using Google and other notable websites. There is no case law saying this practice is illegal — yet. But there is plenty of debate over whether it is legal and ethical.

It's Not Illegal, But…

If you regularly rely on Google results to supplement résumé, interview, and application information, be aware of these legal issues that may crop up in the process.

Privacy. An applicant may claim you invaded his/her privacy when you question him/her about something questionable you found on the Internet. However, any information posted on the Internet is in the public domain, so an applicant who maintains a social networking website profile, a blog, or any other Web posting should not have a reasonable expectation of privacy. It is the applicant's responsibility to better represent him/herself on the Internet.

Discrimination. Keep in mind that you may come across information you would not solicit on an employment application or see on a résumé, such as age, religious affiliation, or military service. Disregard such protected characteristics in your decision-making process. Otherwise, you risk the applicant claiming he/she was rejected based on your knowledge of that protected criteria.

Is It Worthwhile?

Besides potential legal issues, there is also a debate over whether searching an applicant's name on the Internet is ethical because search results might not be reliable or worthwhile. The facts (or fiction) may not pertain to the person you searched. Need proof? Search your own name. You might be amused at what you find.

Keep the following in mind the next time you google an applicant's name.

• There could be others with the same name, making it difficult to determine which information applies to your applicant.

• The person's name could also be a verb (or noun, adjective, etc.), which will yield too many results to weed through. Examples: Stone, Cook, Gray.

• Anyone can post to a website using someone else's name. A person who wants to post anonymously might make up a name that is the same as your applicant's, whether intentionally or not.

• The information is trivial, has no bearing on the individual as an employee, or is outdated. You may get a lot of hits that have nothing to do with the individual's qualifications, such as his/her high school track record.

YOU BE THE JUDGE: FOR AN EMPLOYEE ACTION THERE IS A MANAGEMENT REACTION

In this feature, we pose a common workplace conundrum and allow you to judge the employer's fate. See how well your knowledge...View the full story on our website.

FREE REPORT OF THE MONTH:

Check out the new Free Report, "Diversity Initiatives: Deciding Whether They Fit Your Workplace," which provides you with both the pros and cons of diversity programs so you can make an informed decision regarding whether or not a diversity program is right for your organization.  You also get five steps to take to establish an effective program and a diversity form for evaluating the success of your company's diversity efforts.

Kick back, relax, and take a few minutes to check out the HR Soapbox, "Bullying In Reverse," in which an editor reveals the secrets of subordinate bullies and tells you how to put those employees in their place.