Business Law: Using Social Networking for Hiring

Business Law
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Business Law
Any company which utilizes social networking sites in researching job candidates is perhaps used to stumbling upon various indiscretions such as foul language, insensitive jokes and drunken party photos. Social networking sites are utilized in various ways by employers seeking to screen job applicants. The issues the employers look into here can be clearly analyzed using ethical theories. The theory of utilitarianism essentially aims at a goal of the best consequence and will justify any act that attains that goal. Thus, as per the theory of utilitarianism, employers aim at a goal of the best consequence – getting the best candidate for the job who will be valuable to the organization – and they justify any action – using social media – that will achieve that objective. Kantian duty-based ethics are basically concerned with what individuals do rather than the consequences of their actions: do the right thing; do it since it is the right thing to do; do not do things which are wrong; avoid them since they are wrong. Under Kantian duty-based ethics or deontological ethics, an employer cannot justify an act – using social media to screen candidates – by explaining that it produced good consequences – employer finding the best candidate for the job.
The employers should not consider the information posted on the social networking sites regarding the job applicants as a basis on whether to hire or not hire a candidate. It is wrong for them to do that as per Kantian duty-based ethics since they often look for reasons as to why not to hire. Employers who observe deontological ethics have the tendency of focusing on according equal respect to everyone. Employers usually scan the Facebook profile of the job seeker in order to see if there is substantiation of alcohol or drug use. They hold the belief that such behavior implies that the candidate is not self-disciplined and responsible...