Thank you for the Georgia article, Wendi. Just read it and it appears to support using online info during hiring as long as it isn’t used for discrimination of apps. I have a release form I have all apps sign allowing me to get reference info and verify info on the resume or what’s learned in a interview but it doesn’t really imply a google or MySpace search. It does say a background check may be done. Does anyone have a vague sentence that could be used to allow a net type search if I wanted to include that in my release?
This topic is one getting lots of replies and views. Could it be because it is a new area and like ADA, sexual harassment or any of the others that were “new ground” we as HR people are already being somewhat impacted but general guidelines have not been established by the courts or even within our profession yet? Just a thought. By my count Alicia, it appears 5 people say use the info and 4 say no. Maybe someone from Florida wants to do a recount?
That's what the count looks like to me, but the union issue is what makes me the most nervous about this. We're in pre-negotiations right now as that the vote was just completed. The union is already throwing around ridiculous charges and accusations, so I can't imagine what they'd do if I started using myspace as reasonable suspicion. They would say I was unfairly descriminating against employees who voted for the union. For the time being we're going to pay close attention to him while keeping the myspace info in the back of our minds, but not actually testing based on that alone. So far so good...maybe they were fake pictures!
If you're in pre-negotiations with a union, then talk to the attorney your company has hired to work on the union issue and raise your concerns. That said, in my experience, unions don't much like drug testing - so even though they will raise more accusations, I would still test (unless an attorney tells you not too). I would print the pages from the kid's website, meet with the kid and let him know you know and then let him know that he is going down for reasonable suspicion drug test because of the subject matter on his webpage & the photos on the website. If he comes out negative, good, he doesn't miss any pay and the issue is solved in management's mind. If he tests positive, then you can let him go and now you don't have to worry about the potential safety consequences of having someone on drugs working for your company. Also, review your reasonable suspicion policy - mine doesn't limit me to only what is observable at work - instead it states: "Reasonable Suspicion" includes a supervisor or management person's belief that an employee's actions, conduct or appearance is indicative of drugs and/or alcohol use, possession or being under the influence of drugs and/or alcohol."
Going back to my earlier comment, a picture of this type can form part of a basis for reasonable suspicion. Privacy concerns really do not come in for pictures posted for all to see. Talk to your staff about habits. Is the person habitually late, do they miss work on Mondays or Fridays, do they seem unnaturally thirsty, do they wear dark glasses inside, are they accident prone, are they prone to foolish mistakes, have you caught them falling asleep on the job, have they observed mood swings (from placid and mellow to irritable and angry) and particularly mood swings in a given day such as irritable before leaving for lunch and mellow after coming back, do they seem paranoid that somebody is out to get them, are they secretive about the contents of their lunchbox, toolbox, locker or car, are there times when they do not seem to hear you or understand you, and finally, are there times when they do not seem to fully understand where they are and what they are doing.
If you have a couple of these items, plus the internet pictures, I believe it would be a good case for reasonable suspicion.
This is a fascinating discussion, but I must say I feel like such a novice. I'm no HR or online neophyte, but I have never been to Myspace.com or it's comparables. Part of me can't wait to get over there, the other part says "stay away lest you find what you're looking for." In any event, you're preparing me for the inevitable question of this sort. Oh joy! (sarcasm added)
[font size="1" color="#FF0000"]LAST EDITED ON 07-27-06 AT 02:18PM (CST)[/font][br][br]Myspace is a cultural phenomenon. Part e-mail, blog, photo and video gallery, chatroom, music, etc.
Its a micro-culture within the internet that mostly draws from the 14-25 crowd although its appeal is increasingly extending beyond that age range.
Whats interesting about it is that its a completely new form of public expression and communication. Nothing comparable has ever existed where individuals can post so much information about themselves for all the world to see.
The implications and consequences are still being worked out and the shockwaves will continue to alter our society.
Myspace has already replaced some websites that were once popular like facebook and even Yahoo has felt the impact.
In the United States, Myspace recently reached number ONE on the list of most active websites. Currently, over 4 percent of all internet activity is directed to Myspace.
What is a little scary is how much influence Myspace now wields. Each of their 100 million(mostly younger) users must log on through a home page and so they are exposed to whatever advertising, propoganda, ideas, beliefs, etc that the Myspace people decide to show them.
For some people, the idea that Rupert Murdoch owns Myspace now is scary.
Not all of this affects us in HR but smart HR people know how to read the culture and take advantage of trends and new technology.
Comments
This topic is one getting lots of replies and views. Could it be because it is a new area and like ADA, sexual harassment or any of the others that were “new ground” we as HR people are already being somewhat impacted but general guidelines have not been established by the courts or even within our profession yet? Just a thought. By my count Alicia, it appears 5 people say use the info and 4 say no. Maybe someone from Florida wants to do a recount?
Oops, just I just say that??
We're in pre-negotiations right now as that the vote was just completed. The union is already throwing around ridiculous charges and accusations, so I can't imagine what they'd do if I started using myspace as reasonable suspicion. They would say I was unfairly descriminating against employees who voted for the union.
For the time being we're going to pay close attention to him while keeping the myspace info in the back of our minds, but not actually testing based on that alone. So far so good...maybe they were fake pictures!
If you're in pre-negotiations with a union, then talk to the attorney your company has hired to work on the union issue and raise your concerns. That said, in my experience, unions don't much like drug testing - so even though they will raise more accusations, I would still test (unless an attorney tells you not too). I would print the pages from the kid's website, meet with the kid and let him know you know and then let him know that he is going down for reasonable suspicion drug test because of the subject matter on his webpage & the photos on the website. If he comes out negative, good, he doesn't miss any pay and the issue is solved in management's mind. If he tests positive, then you can let him go and now you don't have to worry about the potential safety consequences of having someone on drugs working for your company. Also, review your reasonable suspicion policy - mine doesn't limit me to only what is observable at work - instead it states:
"Reasonable Suspicion" includes a supervisor or management person's belief that an employee's actions, conduct or appearance is indicative of drugs and/or alcohol use, possession or being under the influence of drugs and/or alcohol."
If you have a couple of these items, plus the internet pictures, I believe it would be a good case for reasonable suspicion.
In any event, you're preparing me for the inevitable question of this sort. Oh joy! (sarcasm added)
Its a micro-culture within the internet that mostly draws from the 14-25 crowd although its appeal is increasingly extending beyond that age range.
Whats interesting about it is that its a completely new form of public expression and communication. Nothing comparable has ever existed where individuals can post so much information about themselves for all the world to see.
The implications and consequences are still being worked out and the shockwaves will continue to alter our society.
Myspace has already replaced some websites that were once popular like facebook and even Yahoo has felt the impact.
In the United States, Myspace recently reached number ONE on the list of most active websites. Currently, over 4 percent of all internet activity is directed to Myspace.
What is a little scary is how much influence Myspace now wields. Each of their 100 million(mostly younger) users must log on through a home page and so they are exposed to whatever advertising, propoganda, ideas, beliefs, etc that the Myspace people decide to show them.
For some people, the idea that Rupert Murdoch owns Myspace now is scary.
Not all of this affects us in HR but smart HR people know how to read the culture and take advantage of trends and new technology.
Hint: recruiting