California’s Senate Bill 7 (SB 7) aims to regulate AI in employment by prohibiting employers from using automated decision systems (ADS) to infer criminal or credit history, including through AI-powered social media screening tools. The bill introduces…
Posts by Category: Social Media
What is Considered ‘Sexually Explicit’ in a Social Media Hiring Report?
With social media now providing an expansive amount of shared information, it is important for individuals to consider what could be deemed an inappropriate post to a potential employer. It is always important for employers to consider the context – in other words, a…
Number of Employers Using Social Media to Screen Candidates at All-Time High, Finds Latest CareerBuilder Study
According to a national survey conducted on behalf of CareerBuilder by Harris Poll has revealed that 57 percent of employees are less likely to interview a candidate they can’t find online, while 54 percent have decided not to hire a candidate based on their social…
New FCRA Class Action Against UPS Shows Traditional FCRA Claims Alive and Well
Employers have been struggling to understand their responsibilities under the Fair Credit Reporting Act (FCRA) as plaintiffs change their focus from traditional background check compliance to targeting employers’ use of social media accounts and internet search…
The Ninth Circuit Limits Immunity from Negligent Failure to Warn Cases Under the Communications Decency Act
A recent case in which the violent history of the user of an Internet dating site was not revealed to a potential match, resulting in her harm, has caused the Ninth Circuit to make significant changes to use of Section 230. The Ninth Circuit recently limited the…
Number of Employers Using Social Media to Screen Candidates Has Increased 500% over the Last Decade
According to CareerBuilder’s annual social media recruitment survey, 60% of employers use social networking sites to research job candidates, up significantly from 52% last year, 22% in 2008 and 11% in 2006, when the survey was first conducted. Additionally, 59% of…
Florida House Introduces Social Media Privacy Bill
The Florida House of Representatives has proposed a bill that will prohibit employers from requesting or requiring access to social media account of employee or prospective employee and prohibit employers from taking retaliatory personnel action against employee as…
Social Media Privacy Getting Another Look in Massachusetts Senate
The state Senate plans to renew its attempt to deliver social media privacy protections for students and employment candidates in Massachusetts. Sponsored by Assistant Majority Leader Sen. Cynthia Stone Creem, the bill would prohibit public and private educational…
Model Social Media Privacy Legislation to be Proposed in 2016
The Uniform Law Commission recently announced that it intends to propose legislation in 2016 that would seek to bring uniformity and consistency to social media privacy legislation across the states, particularly in the 27 states that have not passed such legislation….
Maine Is Latest State to Restrict Employer Access to Personal Social Media Accounts
Recently, Maine became the latest state to enact legislation restricting an employer’s access to employees’ and job applicants’ personal social media accounts. The new statute prohibits an employer from requiring, coercing or requesting an employee or applicant: to…