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Elizabeth D. Carlson Quoted on Using Social Media in the Hiring Process

November 17, 2008

Employers are increasingly turning to Web sites like MySpace and Facebook as sources for information about job applicants, but using online social networks this way can present numerous legal issues.

In “Eyeing Job Seekers' MySpace Could Be Legal Pitfall,” Employment Law 360, by Julie Zeveloff, Elizabeth D. Carlson, a senior associate in Hodgson Russ’s Labor & Employment Practice Group, discusses some of the implications for New York State employers.

Online activity may be protected by the prohibition against discrimination for lawful leisure-time activities. Ms. Carlson asks, "How far can an applicant go and be protected, and how far can an employer go in asserting his business interest?" No one knows because the question has not yet come up in court.