The practice of searching applicants’ social media accounts for background information is drawing increasing scrutiny and in some cases can increase the risk of liability. When deciding whether to check applicants’ social media content for background-check purposes, consider these questions: 1. What information are you looking for and why? It’s unlawful to consider an applicant’s gender, race, national origin, sexual orientation, age, disability or religion when making hiring

A common question asked by employers is, do they have to hire an applicant who has a disability simply to avoid liability and discrimination claims? The answer is “no”, so long as the protected class applicant is not being hired based upon his/her class status or disability. In general, an employer is free to select the most qualified applicant available and to make decisions based on reasons unrelated to a disability. For example, assume that an essential function of a parti

A school district advertised for a principal job and listed minimum requirements, including a teaching certificate. John, who is black, sued for race bias when he wasn’t considered for the position. The case was dismissed because all the applicants interviewed had the certificate. However, John did not. (Saulsberry v. Minneapolis Public Schools,Court of Appeals of Minn.) In Saulsberry the Minnesota Court of Appeals reasoned that, "Saulsberry presented no evidence that the s

The Internet has made it easier to find nearly anything, whether it's that perfect picture for your new apartment, the coolest new restaurant in town, a rare collectible or--apparently--a new job. According to a new CareerBuilder survey, that means companies need to face some stark realities about the behavior of today's employees and job seekers--namely, that the two groups are one and the same. The job search site polled more than 1,000 Americans to ask about their job-hunt