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Reply to "Does my employer need to talk to a lawyer about this?"
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[quote=Anonymous][quote=cb21]Definitely talk to a lawyer. By the way,[b] looking up applicants on Facebook can expose you to a host of legal problems[/b]. For example, you now know the age of the applicant and that he/she has small children. What if you had found out that he/she is handicapped? Gay? Unmarried/married? [b]Those are all factors that you can not take into account when making a decision, but you now have access to. Legal minefield[/b].[/quote] BS, this just isn't accurate. It's true that you cannot discriminate based on certain factors. However, employers aren't prohibited from ever gaining access to information about these factors. Credit checks and many other regular employment screening tools have the potential to reveal all kinds of sensitive information about people, including protected class information. Obviously just showing up for an interview reveals a person's gender and that's a protected class. Employers aren't banned from knowing these things. You can't ask about these things specifically but you're not prohibited from ever finding out about them. It would be stupid not to look people up on FB and elsewhere, it can reveal a lot of legitimate factors employers would want to look at. [/quote]
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