Instructions:

Reply to the classmate's conclusion and respond to the differences in your analysis.Support your discussion with 2 scholarly, updated articles to support you discussion that social media can be used in hiring and firing employment decisions.

Classmate's conclusion:

Class,

For hiring decisions, no, employers should not allow social media content to impact decisions. Once employed however, yes, employers have the discretion to fire based on social media content.

Based on current state statutes, where applicable, and the reality of social media impact, this discussion must be broken down into two separate arenas. The line of demarcation in this discussion is focused on the point of employment. Everything that a person does prior to employment must be judged differently than the actions and sentiments following employment. Allowing social media content to influence decisions is a precarious balancing act that managers must learn to master, otherwise the risk of employment discrimination, loss of potential talent, negative sentiment associated with the company, and deterrence of economic growth will become a reality.

At present time, there are 26 states with restrictions regarding social media's influence in the hiring process. Specifically, potential employers in these states are not allowed to deny employment should a candidate refuse to provide access to social media accounts or refuse to log in for viewing by an employer. (NCSL 2022) These laws were enacted to ensure a reasonable level of privacy for candidates, but also to ensure no discrimination is possible based on a protected class. Title VII of The Civil Rights Act of 1964 establishes protected classes based on race, color, religion, sex, and national origin (Kubasek 2024). Even viewing public portions of social media accounts, drives bias into the hiring process contrary to the provisions of Title VII. Aside from the potential discriminatory influence of social media content, there is a more concrete reason social media should not be considered in the hiring process. Despite the fact that humans have excelled at pattern recognition and data extrapolation for survival, there is almost no reliable proof that the information gathered when viewing social media is a precursor to success in any given job role. Harvard Business Review recently commented that, "70% of employers check out applicants' profiles as part of their screening process, and 54% have rejected applicants because of what they found" (Wong 2021). But when tested by comparing actual supervisor evaluations to two groups of recruiters, one who were allowed access to social media profiles and one group who were not, researchers found, "Neither group's assessments of the candidates accurately predicted job performance or turnover intentions, indicating that even with careful instruction, hiring officials stand to gain little from probing applicants' online activity" (Wong 2021). The data shows that, be it for legal or real-world application, employers should ensure a neutral stance regarding the impact of social media on the hiring process.

This differs significantly once a candidate has been hired. The National Labor Relations Act provides rights to employees, specifically in the realm of concerting and unionizing to address work related conditions, so the negative impact to 1^stAmendment Rights and driving accountability into work place conditions is removed (Kubasek 2024). However, the decision to terminate an employee, after they have been on-boarded and acknowledged the social media policy, should be protected as well. An employer has the right to ensure their own good standing with the public and if an employee threatens that, the offender should be held accountable. Beyond good business sense, Christians are called to a higher standard of decorum. Paul reminds us that living a life inspired by Christ and guided by The Holy Spirit is visible, both in real time and on social media. Paul states in Galatians 5:22-23, "But the fruitof the Spirit is love,joy, peace,forbearance, kindness, goodness, faithfulness,gentleness, and self-control.Against such things there is no law (NIV 2012). Heeding these words means that, even if an employer was to investigate social media, all they would find is the influence of Christ in the lives of His followers. Adherence to the fruits of The Spirit does more than just save jobs, these characteristics make Christians a living example of the power of Christ.

References:

Holy Bible, New Internation Version (2012) Bible Gateway. https://www.biblegateway.com/

Kubasek, N. K., Browne, M. N., Barkacs, L., Herron, D., & Dhooge, L. (2024). Biblical worldview edition of dynamic business law (6th ed.). N. J. Kippenhan (Ed.). New York, NY: McGraw Hill Education.

National Conference of State Legislatures (2022 August 08) Privacy of Employee and Student Social Media Accountshttps://www.ncsl.org/technology-and-communication/privacy-of-employee-and-student-social-media-accounts#:~:text=Similar%20legislation%20prohibits%20colleges%20and,to%20landlords%2C%20as%20shown%20belowLinks to an external site..

Wong, R. (October 2021) Stop Screening Job Candidates' Social Media. Harvard Business Review. https://hbr.org/2021/09/stop-screening-job-candidates-social-media

Rosen, P. A., & Kluemper, D. H. (2022). Social media and employee selection: Legal and ethical considerations for employers.Employee Responsibilities and Rights Journal, 34(2), 123-138. https://doi.org/10.1007/s10672-021-09358-3

Smith, C. (2021). The right tobealone: Employee privacy in the social media age.Labor Law Journal, 72(2), 108-122. https://www.bna.com

U.S. Equal Employment Opportunity Commission. (n.d.). Title VII of the Civil Rights Act of 1964. https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964