One of the hottest trends in the workplace is use of social network sites by employees and employers.  With available access via work computers and personal tools such as Blackberry an employee can literally monitor and/or interact on these sites all during the work day.  To better handle the challenges that may be presented by these activities employers need to consider revolutionizing their social media policies. 

Below are notes from our last Employee Relations SIG meeting which included HR professionals interested in the topic as well as John Remy, Managing Partner of the Law Offices of Jackson and Lewis:

Using social sites as a supplement to the recruiting process:  As with any step in your recruiting process you must weigh the risks of using this information.   We train our interviewers and recruiters about questions not to ask during the interview process.  In turn, discuss with your recruiters and interviewers about using social media sites as a supplement to their knowledge of a candidate– specifically, what will they gain from the process?   Ensure that your recruiting process (reference checking, background checks, education checks) is sound in its ability to gather the information needed to determine if the candidate is qualified for the position and has presented true and accurate information.   Social media sites may offer a wide variety of information about a candidate– age, disability, religious views, sexual orientation, even union activity  - data which you are not allowed to request based on Title VII  rights during the application and interview process. If the only knowledge you gain from a social media site is the basis for possible bias you should not seek this information.  Another consideration:  will you be able to track the cause and effect of using media to gather candidate information?  If you weigh the risk and determine that use of these sites is going to benefit rather than deter the recruiting process you should ensure that your applicant understands you may be viewing these sites.  John Remy suggests that you include the following words on your employment application in the consent and release section:  “We may access publicly or lawfully accessible information sites during our reference and back ground check process.” It is good practice to limit these searches to the HR and recruiting team only, limit it to those with familiarity with employment law.  Our last point is, if you gain adverse information you should consider allowing the candidate to verify the information, similar to your requirements with the Fair Credit Reporting Act.

Personal blogs, Facebook ‘friending’ and Twitter: Personal blogs, comments on Facebook and Twitter activity can all lend to problems in the workplace. 

• Blogs offer personal views and opinions and may not always include fact.  Employees may post proprietary and confidential company information within their blog.  A company must find a way to monitor this activity (oftentimes remedied by setting up alerts) and rely on the company proprietary and confidential agreements and your employee code of conduct when addressing this activity with employees. 
• Facebook ‘friending’ between employees and their managers is discouraged.  It goes back to the ability to gain adverse information regarding your employees or about your manager.  Unwanted ‘friending’ activity (ignoring requests, accepting one person but not another) can create a hostile work environment or could lead to workplace harassment.   If you decide to host a company blog, Facebook page or Twitter account you should establish guidelines for usage and revise your handbook policy accordingly.
• Excess usage of social media sites was discussed.  Again, rely on your social media policy and remind employees that some personal use is acceptable but it should not be used in excess.  Your managers should be made responsible for being aware of use of social sites during the workday and addressing concerns when they arise.  You could decide to block these sites altogether and only make them available to those who need to use them in the course of their work.