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COMP 2903 A12 – How Deep Can You Probe?

COMP 2903 A12 – How Deep Can You Probe?. Danny Silver JSOCS, Acadia University. Rita Zeidner HR Magazine, October, 2007. An award-winning writer and editor based in Arlington, Va; Senior writer for HR Magazine

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COMP 2903 A12 – How Deep Can You Probe?

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  1. COMP 2903A12 – How Deep Can You Probe? Danny Silver JSOCS, Acadia University

  2. Rita ZeidnerHR Magazine, October, 2007 • An award-winning writer and editor based in Arlington, Va; Senior writer for HR Magazine • Frequent contributor to the Washington Post: Health, Business, Real Estate and Travel • Also written for the Smithsonian Institution, Government Executive, Federal Times, New York Newsday and Money Magazine • Covers employment issues: employee benefits, worker health and safety and labor-management relations

  3. Following-up on Potential Employees • Employers are naturally curious about employee candidates • They look to web sources such as MySpace and Facebook • It is difficult to vary peoples first impression when your life is already on the web

  4. Following-up on Current Employees • MIT Admissions Officer forced to resign • She lied about education • RadiosShack Corp’s (US) CEO, David Edmundson forced to resign • He lied about his academic/business credentials

  5. HR Goes High-Tech • Society for Human Resource Management (SHRM) found that ~50% of HR professionals run candiates name through Google, Yahoo • 15% check social networking sites like MySpace and Facebook • 40% plan to start doing so • 20% say they eliminated a candidate because of such web information

  6. Fair Credit Reporting Act • FCRA requires employers to notify job applicants and obtain their consent before doing a background check • Many states limit the extent that off-duty conduct can affect a hiring decision • Neo-Nazi by night  Emergeny nurse by day? • Both Facebook and MySpace post rules prohibiting use of info for commercial purposes

  7. Employers Need to Exercise Caution • Lawyers warn that use of the web to vet job candidates may hurt employers • Chase good candidates away • Internet iformation many not be true • ID Theft, High-tech Slander

  8. Online Databases / Background Checkers • Online databases can be in error • 120 Virgina parolees submitted to popular background check company • 60 names came back showing no criminal record • Four transportation companies fired 100 railway employees based on background check – but not all were valid: • some due to database errors • some due to ID theft

  9. QUESTION • Do you have a legal or ethical responsibility to inform a person that they are being checkout in Canada? • Do you have a legal or ethical responsibility to to explain why a person is not being hired?

  10. Employment Regulation in Canada Immigration and Social Insurance Number • Must have a Canadian Social Insurance Number (SIN) - nine-digit number • Employers are legally obligated to see the SIN card of new employees after hiring • http://www.hrdc-drhc.gc.ca/sin-nas/0300/0300_000_e.shtml#f5

  11. Employment Standards – Ontario • Aspects of employment regulated under the Employment Standards Act, 2003 (ESA). • Managers, independent contractors are exempt from certain provisions of the ESA • Ontario Gov’t courages employers to apply the ESA standards to all employees regardless of their professional or student status.

  12. Human Rights Code • Every person has a right to equal treatment with respect to employment without discrimination, and freedom from harassment, with respect to race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status, or disability. • Employers should not ask for information about any of the foregoing unless such information relates to a bona fide occupational requirement.

  13. Personal Information Protection and Electronic Documents Act (PIPEDA) • Specific guidelines and restrictions on the collection, use and disclosure of personal information obtained in the course of commercial activities • Generally does not apply to the collection and use of personal information from employees • May apply if employee’s personal information is used for “commercial” purposes • Example: an employee who discloses personal information as part of a bid on a project should get the employee’s consent.

  14. Security Clearances • Certain types of projects such as income tax processing or national defense require security or background check • May have the right to collect certain personal information • Be concerned about what information may be collected, what legal authority permits the collection of the information, whether the individual must give consent or can decline to provide the information, and what policies the client has in place that identify how the information will be used, how it will be protected to ensure the individual’s privacy, how long the information will be held and how it will be destroyed when it is no longer needed.

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