For example, a Facebook page may contain pictures or information about a candidate’s race, gender, religion and national origin. If a potential candidate subscribes to an employer’s page by "liking" it, then the employer would have the ability to view that individual’s Facebook profile, including personal information that would otherwise be protected. This could give rise to a "failure to hire claim" if the candidate could demonstrate that personal information on his or her Facebook page was a factor in the potential employer’s rejection of the candidate’s application.
One effective way to avoid social media-related "failure to hire" claims is to assign different individuals to manage the media page from those making the hiring decisions. That way, those who are making hiring decisions do not have access to potentially protected information about applicants.
After an employer has made a hire, federal law requires employers to retain personnel and employment records pertaining to hiring of applicants for one year from the date the record was made. If a discrimination charge or action has been made against an employer under Title VII or the Americans with Disabilities Act, the records should be preserved until the final disposition of the charge or action. State laws may also impose additional record retention requirements.
For further resources about hiring veterans, visit the U.S. Department of Labor’s website, www.AmericasHeroesatWork.gov, which offers the information and tools that employers need when hiring veterans.
Maisha Shaw and Pamela Nehring are attorneys with Chicago-based Daley Mohan Groble, P.C., a law firm concentrating in the representation of railroad and transportation companies across a wide range of employment, environmental, litigation and other legal matters. For further information about veterans employment issues, contact Maisha Shaw at firstname.lastname@example.org or Pamela Nehring at email@example.com.