Screening Technologies: Social Media and AI
Using social media to screen is generally allowed but risks discrimination claims if protected-class info is used, FCRA exposure for nontraditional providers, and invasion-of-privacy suits for social engineering. About half the states bar demanding social-network passwords (Maryland first in 2012). AI video screening raises bias and privacy concerns.
Reviewing applicants' social media can expose protected-class info (religion, ethnicity, gender, sexual orientation, political affiliation), creating discrimination risk. The FCRA may apply to nontraditional providers of social-media background information. Social engineering - false profiles or demanding access to private networks - can trigger invasion-of-privacy actions.
Maryland was the first state (2012) to ban employers from asking applicants or employees for social-network login information. Roughly half the states have similar laws; Congress has proposed comparable legislation.
AI now evaluates speech patterns, facial expressions, and gestures in video interviews. Privacy professionals should watch for algorithmic bias and the privacy implications of recorded interviews.