Introduction

MNC employers, human resource professionals and recruiters have been found routinely searching the internet on the applicants, looking ways to review the applicants personal website or blog, Twitter, Facebook and LinkedIn etc. Now days, researching on an applicants social media content are just not about digging up dirt, anymore. This research in some ways could protect an employer from probable future risks. If we look specifically, we find that an applicant with negative social media content can also prevent an employer from encountering a future negligent hiring claim. That saves the employer from claims, once they know or have knowledge of an employees dangerous or possible criminal propensities. Whereas on the flipside, an employers prudent research into an applicants personal life and social media habits, in areas which touch a protected environment or class (for e.g. sexual orientation, race, religion, disability or political expression) has the possibility to expose an employer to encounter discriminated lawsuits which may be brought upon by the rejected applicants. In addition, even if the employer does not use any of the social media research in the recruitment decision not to hire the applicant, it can still be difficult for an employer in proving that mere possession of any relevant information does not weigh into verdict of the hiring.

As the trend continues, with an increasing frequency, press reports can be witnessed highlighting how the law enforcement officials use social networking sites to help catch criminals.

Theory: Ethics and its types

What ethic really means is the ability to judge the right from the wrong. Ethics is the practice of following the actions which gives every individuals the rights that are bestowed upon byt the government or any organization.

Types of ethics:

a. Teleological Theories: In this type of theory the consequence of any action taken by the organization is of prime value and it is important that such decision doesnt push any individuals to a discomfort. This theory specifies that one's acts should maximize the amount of good and happiness for everyone affected by the actions. It in other words means that utilitarianism stresses that one should think about everyone and not just the one(s) making the decision. Here in this case the employers are making a decision that affects the stakeholders and the applicants. So we will be stressing on this kind. b. Deontological theories: This theory mainly portrays on the duties of an individual. It says that by following ones duty in the right way, one can ensure fruitful consequences which also fulfils everyones desires and interests. Hence we expect that the stakeholders and the government of a state imply those rules that are righteous and fall to everyones benefit. Following this type of ethic shall ensure that the process done doesnt lead to any kind of contradiction among any parties.

Right based Ethical theory

The Rights based ethical theory conveys that every individual has a certain entitlements which has to be respected. Such rights include the freedom of speech and the basic right of privacy. So

it should be understood that corporate social media accounts are hard enough to manage without getting into trouble, but what about employees personal use of Twitter, Instagram or Facebook? i) The research

The businesses, in current scenario, will have to learn about ways that can be used to address social media issues. According to recent survey that was conducted by the Ponemon Institute in USA, only 35% of the companies can be seen having a social media policy. Among them, only a fraction of those companies are actually seen enforcing them. A visibly growing trend is seen in the state and the federal governments of many countries to outlaw the practices of requesting an access to the current and prospective employee social media accounts for their surety. Also, there are certain rights under the Labor Relations Acts that apply to protect employees from encountering a privacy theft. Hence, from these findings one facts very clear. It is that, the Employers who currently are asking employees or applicants to provide them with access to their social media accounts should consider ending the practice as per ethical norms.

In the recent news, it came to notice that in April 2012, Maryland in the United States of America became the first such state to enact a law which targeted to the prohibition of employers from requiring the current and prospective employees to provide them with access to their social media accounts on the basis of Right to Privacy. In addition, over the past few months, an increasing number of states as well as the federal government have been witnessed proposing and enacting such laws on the basis of ethical terms.

ii)

Relation of the issues

It has come to notice that Maryland recognized the need of such a law when the ACLU (American Civil Liberalities Union) started a motion against a job interviewer representing the state corrections department, who asked a job applicant to provide them the necessary passwords and ids before logging in to the Facebook account of the applicant and then ended up reviewing all the posts, photos and comments.

So in order to ensure the rights to its citizen, a state should follow Contractarianism. Here, it should be noticed that there are other potential liabilities also arising out of an Employers viewing a current or prospective employee's social media account. No matter it is against the basic human rights, but again, while viewing the publicly available information is not currently prohibited by any of the states or country but the viewing of a current or prospective employee's social media content which is strictly under privacy norms may still subject the employer to liability and prosecution.

iii)

Discussion of the ethical issues involved considering both positives and negatives.

As we see the employers becoming more interested in collecting the data generated by their employees and also the applicants, the tension tendsto increase between the employers who want information for their surety and confidence and the employees who do not want to lose their privacy. But it is also a fact that the employers will always issue the company devices in doing

so. In return the employees will try to figure out ways to hack the devices and company policies in order to protect and hide their personal information. So in order to practice a healthy company-employee relationship there needs to be a fair and open negotiation between the applicants and the companies that want their data.

What can be seen in the positive side of this practice is that, this practice safeguards the companies from being a victim to fraud applicants and disputes that can be potentially threatening in the future.

The negative aspect of it is that it directly violates the provision for privacy and socializing. The photos and the lifestyle that is followed by any individual should not be a media to be judgmental about any applicant or current employee.

What stakeholders can do to maintain their privacy if the trend continues? The ultimate rule to follow is the Greatest Good for the Greatest Number. The employers can act smart. I think that an employer may monitor an employees social media usage, but only in the workplace. The employee should check before expressly or impliedly signing the consents (either by acknowledgement or by signing any presented internet/e-mail policy). As this conflicts the utilitarian theory: There is also a chance that the employers may be doing a straight violation of the National Labor Relations Act, The Electronic Communications Privacy Act, which deals with creation of

unwanted obligations to act regarding the knowledge and obtaining unwanted information regarding an employees protected status and to acts a whistleblower for their protection. The

candidates should try to maintain more than one account as ghosts and try to implement strict privacy settings that allow the information to be backed up and dissolved. The linkage to various accounts and authorization should be prevented that puts the personal information in jeopardy. In any event implemented by the employers, the policies should be reviewed and should be up to date as per the latest norms and the regulations enacted by the men at law.

References