Are employers free to use information placed on social networking sites as a basis for hiring and firing decisions? Is an employer's failure to use online information grounds for a claim of negligent hiring or retention?
In this lively, interactive presentation, a leading expert discusses how far employers can go in using personal details gleaned from the Internet in employment decisions' and the potential pitfalls. Topics include:
- What are the rules regarding employers' use of personal data posted online?
- How reliable are the data? What if the information is inaccurate? Is any of this information privileged?
- Can employers search employees' usage of social networking sites?
- What happens when an employee's first amendment rights conflict with an employer's interests?
- Must applicants be told that the employer will Google all applicants?
This Webinar addresses these and other vital legal and practical questions. It's a must for employment lawyers, executives, and human resources professionals who need to stay on top of the latest developments.
I. Overview of available WEB 2.0 data. (15 minutes)
A. Corman v. UCG
B. Popularity of WEB 2.0 in employment
II. Reasons to reject applicants/fire employees. (25 minutes)
B. Alcohol/Drug Use
D. EEO Violations
E. Obvious Lies About Qualifications
F. Disclosure of Confidential Information
III. Possible Federal Restrictions on Use of Information. (35 minutes)
A. Title VII/ADEA
B. Simonetti v. Delta Airlines
C. Due Process
D. Mullins v. Dept of Commerce
E. Free Speech
G. Whistle Blower Statutes
I. Fair Credit Reporting Act
J. Computer Fraud and Abuse Act
K. Electronic Communications Privacy Act
IV. State Laws Protecting Private Actions. (15 minutes)
B. Negligent Retention / Hire
C. Doe v. XYC Corporation
V. Practical Considerations. (15 minutes)
VI. Conclusions (5 minutes)
VII. Q&A (10 minutes)
Larry Besnoff, Esq.
is Co-Chair of the Labor Relations and Employment Law Department at Obermayer Rebmann Maxwell & Hippel LLP. He clerked in the United States District Court for the Eastern District of Pennsylvania and then served as a Senior Trial Attorney at the U.S. Equal Employment Opportunity Commission's Philadelphia District Office. Mr. Besnoff has litigated cases under Title VII, the EPA, the ADA, the FMLA and the ADEA, including handling matters involving public access, assistive listening devices in movie theaters, changes to building structures, and removing allergens such as smoke and fumes in the workplace. He has defended EEO cases filed with various state and local agencies with unique issues. One case involved a Wiccan witch who wanted the right to proselytize youth. Another case involved a person with a serious stutter who wanted to be a 911 dispatcher. Mr. Besnoff received his B.S. in Humanities and Social Sciences from Drexel University and his J.D. from the Temple University School of Law, where he served as President of the Evening Division. He has lectured extensively on EEO topics, most recently on the increased use of WEB 2.0 by both employees and employers.
*This program provides 1.75 hours of approved participatory CLE credit in CA and IL, and 2 hours in NY and MS. Approval pending in CO, FL, GA, NC, NJ, NV, OR, PA, TN, TX and VA. Self-study credit is also available for AK, AZ, ME, MO and ND. Credit is available in VA for On Demand Access only. For more information contact Alexandra Brescia at email@example.com.
FOR GROUP REGISTRATION DISCOUNTS CONTACT