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Social media and the hiring process - Hernandez Law | Attorney Tatiana Hernandez for Workers’ Rights

Social media and the hiring process

Social networks have become a tool to get to know more than one person in all aspects of our lives, even in recent years it has become much more common for recruiters to seek to review the networks of potential candidates to learn more about their personality.

We even now have the famous social network “LinkedIn” which is dedicated especially to work and we created a profile to impress recruiters in this way instead of with a CV as was done before.

But, to what extent is it allowed to review our social networks, and to what extent can it become counterproductive for candidates?

Requesting private information such as the user of a social network that has nothing to do with work from an employee, with the purpose of reviewing her private life, can be grounds for a lawsuit against a potential employer.

Prohibitions related to social networks for the hiring process

According to information provided by XpertHR Legal Editor: Beth P. Zoller, “Governor Edmund “Jerry” Brown has signed into law AB 1844, which will protect California workers from unwarranted invasions of their social media accounts.” which means that candidates for a position are protected by law and can sue if a potential worker requests their social networks, since they are prohibited from asking for them to make a decision based on their content.

Deciding whether or not to hire someone based on what they can find on their personal social networks is considered a type of discrimination against the user who has applied for the position. In the same way, if a candidate refuses to provide his networks, rejecting him for this reason is an illegal act on the part of the contracted company.

Come to us to receive legal help

The lawyer Tatiana Hernández can accompany him in the process of her legal claim in case he has been discriminated against by some personal social network or for having refused to provide them. No friend to contact us.

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