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Increasing number of applicants fired by Facebook

Published: Monday, January 23, 2012

Updated: Sunday, January 22, 2012 20:01

Facebook creep

MCT Wire Service

If someone were to judge your character based on the information they learned about you on the Internet, what would your digital footprint say about you?

A recent study by Kaplan Test Prep revealed that an increasing number of colleges, business schools and law schools are searching the Internet for more information about applicants. Employers are also using the Internet to screen their staff and potential new hires.

DePaul University, like most other educational institutions, has a nondiscriminatory admission policy and follows the guidelines set by Title VII of the Civil Rights Act of 1964, which prohibites employers from firing or not hiring someone due to their race, color, religion, sex, gender or origin.

"There is no law that prohibits an employer or university from making decisions based upon things that are posted on social media," said Associate Professor of Law and Associate Dean of Faculty at DePaul University, Steven Greenberg.

Many people believe the information they post on the Internet is protected by their First Amendment rights and that they cannot have this information used against them when it comes to college admissions or employment.

"The First Amendment only applies when it comes to governmental involvement," said Greenberg. "Private entities can use whatever they want to make decisions. Employers will scan Facebook, and if there are things that are problematic, they may not hire some. And there is nothing illegal about that."

Greenberg explained that even though the government funds public universities, freedom of speech is only protected if the individual is punished for criticizing the university.

"There is this presumption that you can say what you want without consequence… that's not the case," he said.

Greenberg advises his students to research their online presence and to "scrub" anything out there that is potentially unflattering.

Chicago-based publicist, Matt Lindner, learned first-hand how public his Twitter feed was when he had a job offer rescinded based on a tweet he sent. Lindner received a job offer from a public relations firm in Washington DC. He then saw a PR firm in Chicago was also hiring via a tweet they sent. Linder responded to the Chicago PR firm's tweet indicating that he was interested in the position. Unbeknownst to him, the PR firm in D.C. saw Lindner's tweet. The CEO contacted him the next day to revoke their offer because they wanted someone who was "serious about the job."

"Be interesting but have a filter," Lindner advises. "Use common sense. If you wouldn't want your mom seeing it, don't put it out on social media."

In addition to comments posted on the Internet, be aware of visual content. Privacy settings will only take you so far.

Public figures are not the only ones who are held accountable for their social media content. And in many cases, the consequences for the average person are more impactful.

Ashley Johnson, a 22-year-old waitress from North Carolina, was fired after she posted a comment on Facebook about two customers who allegedly kept her late and stiffed her on her tip. In this instance, Johnson mentioned her workplace by name. She was fired for making disparaging comments about a customer.

Johnson is apparently not alone. There's a Facebook group called "Fired By Facebook" with 526 members.

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