MNC Employers

8/13/2019 MNC Employers

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Introduction

MNC employers, human resource professionals and recruiters have been found routinely

searching the internet on the applicants, looking ways to review the applicant’s personal website

or blog, Twitter, Facebook and LinkedIn etc. Now days, researching on an applicant’s 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 employee’s dangerous or possible criminal propensities. Whereas on the flipside, an

employer’s prudent research into an applicant’s 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 doesn’t 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 one’s duty in the right way, one can ensure fruitful consequences

which also fulfils everyone’s desires and interests. Hence we expect that the stakeholders

and the government of a state imply those rules that are righteous and fall to everyone’s

benefit. Following this type of ethic shall ensure that the process done doesn’t 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 followContractarianism

. Here, it

should be noticed that there are other potential liabilities also arising out of an Employer ’s

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 employee’s 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 employee’s 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

MNC Employers

Documents

Transcript of MNC Employers