Employer Use of Facebook and Online Social Networks to Discriminate Against Applicants for Employment and Employees: An Analysis Balancing the Risks of Having a Facebook Account and the Need for Protective Legislation

Source: James Delaney, Labor Law Journal, Vol. 64 no. 2, Summer 2013
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As technology advances, our use of computers, tablets, mobile phones, and smart phones continues to grow at an astounding rate. These advances also helped Facebook and other online social networks grow at a tremendous pace over the past decade. The growth of online social networks such as Facebook has brought about unforeseen changes in multiple facets of society affecting the legal rights of its users. Countless plaintiffs are filing lawsuits where Facebook acted as the medium in which the disputed problem or event arose. The twist to these lawsuits is nothing more than the fact the information is posted online. One recurring issue in these lawsuits is the privacy boundary which third parties, such as employers, may cross to obtain any personal information a user chooses to entrust to a social network like Facebook….