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San Francisco State University *
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Course
516
Subject
Law
Date
Nov 24, 2024
Type
docx
Pages
3
Uploaded by josphinewambuiwj
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Lecturer
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Social media activity does not always reflect an individual's ability to perform job duties
and employment reliability. While social media posts may provide some insight into an
individual's personal life and habits, it is discriminatory for an employer to make assumptions or
stereotypes about an individual's work ethic or reliability based on their social media activity. A
department manager with concerns about how the top candidate would mesh with the other
personalities on the team should utilize more traditional methods of evaluating an individual's
work ethic and reliability, such as references, past job performance, and interviews (Cihon &
Castagnera, 2019). These methods provide more concrete and relevant information about an
individual's qualifications and job performance.
The department manager should understand that privacy rights laws protect an
individual's personal social media activities. These rights prevent employers from using social
media to make assumptions about an individual's personal life, habits or any other aspect
unrelated to the job performance or qualifications. Thus, the manager should not violate these
rights. Besides, the department manager should be aware of the federal and state laws that
prohibit discrimination in the workplace, such as Title VII of the Civil Rights Act of 1964 and
state laws that prohibit discrimination based on sexual orientation or gender identity (Cihon &
Castagnera, 2019). It is unlawful for an employer to use social media activity to make
assumptions about an individual's sexual orientation or gender identity, as this could be
considered discrimination.
While the manager may use social media as a factor in the hiring process, it is important
to be aware of the potential legal implications and to avoid discrimination based on protected
characteristics. The department manager should also ensure that the information they gather from
social media about a candidate is directly related to job performance or qualifications.
3
References
Cihon, P. J., & Castagnera, J. O. (2019).
Employment and labor law
. Cengage Learning.
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