Ethics Paper: Employment Law

Arturo Garcia

3318422

BUL 4310 Perry

ONLINE ETHICS PAPER: EMPLOYMENT LAW

As we all know, social media has become increasingly prevalent in the lives of countless individuals over the last decade. In fact, 72% of all internet users and 96% of adults ages 18-35, are on some form of social media according to a study conducted by kissmetrics.com. Social media sites such as Facebook, Twitter, MySpace and LinkedIn, have opened the doors to endless opportunities and connections for individuals and organizations alike. Subsequently, social media has made us more accessible, as well as more accountable.

According to Forbes Magazine, in a study conducted through careerbuilder.com, roughly half of all employers used social media as a means to screen potential employees, admitting to having rejected those whose profiles impose on company policy or project a negative outlook. Since the legality behind social media screening is there, the question becomes whether or not it is reasonable to make a decision on a potential candidate based on the extracurricular activity.

As in most ethical decisions, I do not believe in a clear-cut black or white decision, although, I do believe it is reasonable for an employer to screen candidates based on information from social networking sites. Instead, I believe that adjustments should be made to the policies defining the law, because as stated in the Universal Declaration of Human Rights - “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” If decisions based off of social media screening solely pertained to their qualifications this topic would be a non-issue. Instead, nearly all decisions take into account extracurricular activities that reflect on the potential outlook of a candidate. The term, potential, goes hand in hand with stereotyping – (a widely held but fixed and oversimplified image or idea of a particular type of person or thing). Stereotyping clearly contrast the Equal Employment Opportunity Commission (EEOC) law built around the idea that everyone should be treated equally when in consideration for a job, qualifications aside.  

I believe that the Utilitarian approach taken by employers who conduct social media screening are selfishly accounting for the “greater good” of their company through unethical stereotyping of potential employees, not to say that one shouldn’t use all available and legal means for the benefit of the company but rather a Kantian approach should be integrated into the process. For instance, the temptation or desire an employer might have to judge ones ability, character, or potential based on indirect or not applicable information anonymously found on ones profile goes against the Kantian theory of overcoming your animal instincts and focusing on what is ethical.