Today, digging up personal information is often as easy as clicking a mouse, and companies are increasingly probing potential employees' online social media presence before making hiring decisions. But, what happens when they go too far? In some instances, checking up on a prospective employee's online social life can constitute an unreasonable invasion of privacy or even a discriminatory hiring practice.

Social Media "Background Checks" Could Lead To Employer Liability

According to a poll by CareerBuilder of some 2,600 hiring managers, up to half of employers use social networking sites to look up potential hires; some even retain independent firms to conduct social media intelligence-gathering before making employment decisions.

Even though the practice is gaining popularity, privacy advocacy groups are concerned. In an interview with the New York Times, Marc Rotenberg, president of the Electronic Privacy Information Center, said that while employers should be able to access information pertaining to job-related expertise, it is improper for them to judge what people do in their private lives when making employment-related decisions.

These concerns are not unfounded; using social media networks as a tool in the hiring process can get employers into legal trouble. Often, a social media check will reveal a potential employee's race, religion, age, gender, disability, pregnancy or other characteristic that may not legally be taken into consideration in hiring decisions.

Do Not Let Discrimination Go Unchecked

It is important to protect your privacy online by monitoring security settings on social networking sites and by being careful about the type of content you post yourself. But, there is only so much you can do on your own to avoid being discriminated against.

If you think that an employer's perusal of your online information led to an improper hiring decision, be sure to explore the legal options at your disposal.