Employer Facebook Checks: How the Law Struggles with Culture and Ignores Metaphysics

Question of privacy in cyberspace cover a vast range of applications. One that I find interesting is the use of social media as a tool by potential employers to research prospective employees. This is interesting because it is at an intersection of cultural, technology, law, and metaphysics.

It is increasingly common for employers to check on a prospective employee’s Facebook page (or other social media). I like to use the case study of Stacy Snyder in this NYTonline article: http://goo.gl/bMw0Kl

The issue is that a student-teacher was dismissed over a photo on her MySpace (that dates the example a bit, eh?) that was captioned “Drunken Pirate.” This situation becomes the image of concern: an employer delving into your personal (yet published) photo album to look for objectionable material.

Let me divide up the issues:

1) The legal and/or cultural claim to privacy. Before Facebook or MySpace, it would be extraordinary for an employer to ask to see photos from your latest party as part of the application process (barring government security clearance checks). Although social media has allowed us to share such personal material with a wider range of friends, we are not culturally comfortable simply surrendering previously private/personal material to the entire public sphere.

2) Context is everything. Bill Waterson’s iconic character, the rascally 2nd-grader Calvin, once explained that people are wrong to assert that “photos never lie,” for, in fact, all they do is lie. To illustrate, Calvin clears one area of his room and puts on a tie to have himself photographed as a clean, tidy young boy (he is normally dressed in a t-shirt and has a notoriously messy bedroom). So it may be argued with Facebook photos, Tweets, etc: Can a single snapshot, sentence, or post represent an individual- even partially? Can it be completely incorrect? Without further explanation, how badly can it be misinterpreted? This claim speaks not only to the protection of the poster, but also raises the question of whether investigating an applicant’s social media is truly helpful in obtaining accurate data about the applicant. A related issue here is the notion of Performance Identity online (see: Life on the Screen by Sherry Turkle). Many posts and photos may be uploaded not as a reflection of actual identity, but as an effort to entertain or amuse a particular audience.

3) The Metaphysical puzzles of being and identity over time. One of the core points of the NYTonline article linked above is that the internet makes possible the storage of everything we say or do- FOREVER. One question is whether applicants ought to be judged by high school or college photos or posts. Indeed, the question is founded on an ancient metaphysical quandary: what is the relationship with one’s self over time? We have a cultural concept of “not being the same person” at age 15 as at age 30. Yet right now, many 30 year old job applicants could be in the position to defend the digital traces left by their 15 year old selves.

The final point to note here is that Facebook was not designed to be a massive social media platform through which employers scouted and screened applicants. It was a way for college (and later high school) students to communicate and make limited broadcasts to a select audience. It was a kid’s toy, really. To me, it still is- I think that’s why my generation sometimes feels weird that our parents have Facebook profiles. The platform was never made for “grown-ups” or “grown-up things.” That was an accident, and treating it otherwise is a mistake.

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One response to “Employer Facebook Checks: How the Law Struggles with Culture and Ignores Metaphysics

  1. A well written piece. The question of cyberspace and privacy is definitely an interesting one, especially when it comes to the unintended or unforeseen ways in which social media is used today. In addition to employers using it to research prospective employees, in my part of the world Facebook is often used by families to vet prospective matches when arranging marriages for their sons/daughters. This practice raises similar questions of judging a person based on a few pictures or comments and often leads to embarrassing situations where one side is accused of lying about some aspect of their child’s past. Though overall, I think this opening up of a new avenue for information gathering is a good thing given the difficulty in obtaining really personal info during the enforced formality and etiquette of the match making process.

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