Review the material throughout Chapter 24 of our text on hiring, firing, and other employment
decisions, including Biblical worldview perspectives; then, consider the question in the
Point/Counterpoint on p. 616 (E-book p. 288): Should employers be permitted to use social
media in hiring and/or firing decisions? Include legal, social, and Biblical perspectives in your
analysis.
Title your thread "Yes" or "No" to indicate your conclusion.
SEE ATTACHMENTS FOR TEXT AND QUESTION
Page
508
When
May
an
Employee
Be
Fired?
1024-1
During
the
eighteenth
and
nineteenth
centuries
in
the
United
States,
employees
had
no
protection
in
the
workplace.
An
employee
who
was
snjured
could
be
fired.
In
fact,
an
employer
could
fie
a
worker
for
zo
reason
at
all.
This
concept
came
to
be
known
as
at-will
employment
Today,
any
employee
who
is
not
employed
under a
contract
for
a
set
duration
or
under a
collective
bargaining
agreement”
is
considered
an
twill
employee.
This
means
that
the
employee
may
quit
at
any
time
for
any
reason
or
no
reason
at
all,
with
no
required
notice
to
the
‘employer.*
Similarly,
an
employer
may
fie
the
employee
at
any
tims,
with
no
notice,
for
almost
any
season.
For
example,
your
employer
could
decide
he
doesn't
lke
the
color
of
your
shirt
and
fire
you
oa
the
spot!
The
exception
to
the
atwil
rule
is
that
an
employer
may
zot
re
an
employee
for
an
illegal
season.
What
isan
illegal
reason?
Broadly,
any
termination
based
on
a
violation
ofa
state
statute,
estate
constitution,
a
federal
law,
the
U.S.
Constitution,
or
a
public
policy
is illegal.
Exceptions
to
at-will
employment
have
also
been
found
‘hrough
breaches
of
implied
contracts
with
employees,
such
as
conditions
provided
in
employee
handbooks.
BIBLICAL
WORLDVIEW
‘The
Golden
Rule.
The
Good
Samaritan.
“Love
your
neighbor
as
yourself"
It
doesn't
take
much
deep
reflection
to
come
to
the
‘conciusion
that
a
Biblical
worldview
of
employment
discrimination
is
pretty
straightforward:
Don't
doit.
‘Whoa
making
employment
decisions,
don't
consider
any
factors
other
than a
person's
qualification
for
the
position.
As
Petcr
told
the
Roman
army
officer
in
Caesarea:
“I
now
understand
that
God
does
not
play
favorites,
but
that
whoever
fears
him
and
does
what
is
right
is
acceptable
to him,
n0
matter
what
people
he
belongs
to"
(Acts
10-34-35).
Federal
Employment
Discrimination
Laws
Governing
Employers
Lo
24-2
‘Employees
are
protected
in
the
workplace
by
a
number
of
both
federal
and
state
laws,
Federal
laws
apply
to
everyone
in the
United
States.
‘Federal
law
may'be
described
as a
minimum
level
of
protection
for
all
workers.
State
laws
may
give
employees
more,
but
not
less,
protection
than
federal
laws,
@
Exhibit
2441
is
an
overview of
some
of
the
most
important
federal
employment
discrimination
laws.
Exhibit
24-1
Federal
Discrimination
Laws
FEDERAL
LEGISLATION
Civil
Rights
Act (CRA)
of
1964—Title
VII
(as
amended
by
the
Civil
Rights
Act
of
1991)
Pregnancy
Discrimination
Act
(PDA)
of
1987
Age
Discrimination
in
Employment
Act
(ADEA)
of
1967
Americans
with
Disabilities
Act
(ADA)
of
1990
(as
amended
in
2008)
Equal
Pay
Act
of
1963
PURPOSE
Protects
employees
against
discrimination
based
on
race,
color,
religion,
tional
origin,
end
sex;
also
prohibits
harassment
based
on
the
same
protected
categories
Amends
Title
Vil
of
the
CRA,
expanding
the
definition
of
sex
discrimination
to
include
discrimination
based
on
pregnancy
Prohibits
employers
from
refusing
to
hire,
discharging,
or
discriminating
in
terms,
and
conditions
of
employment
on
the
basis
of
an
employee
or
applicant
being
age
40
or
older
Prohibits
discrimination
against
employees
and
job
applicants
wth
disabilities
Prohibits
an
employer
from
paying
workers
of
one
gender
less
than
the
wages
Paid
to
employees
of
the
opposite
gender
for
work
that
requires
equal
skil,
effort,
and
responsibility
LGBTQ—Protected
Class?
‘Most
federal
legislation
does
not
explicitly
prohibit
employment
discrimination
against
LGBTQ
(lesbian,
2s,
bisexual,
transgender,
queer/
questioning)
individuals,
but
in
2020,
the
Supreme
Court
held
that
Title
VII
protections
on
the
basis
of
sex
also
prohibit
employment
discrimination
on
the
basis
of
sexual
orientation
or
gender
identity
(Bostock
v.
Clayton
County
590
U.S.
___(2020)).
Such
protections
‘have
long
been
provided
by
many
states,
cities,
and
municipalities,
which
may
provide
more
protection
than
federal
law.
Many
private
companies
also
include
protections
in
their
employment
policies.
‘A
socalled
“Equality
Act”
was
passed
by
the
House
of
Representatives
in
2019
and
again
in
2021,
protecting
LGBTQ
persons
from
discrimination
on
the
basis
of
sexual
orientation
or
gender
identity
in
the
workplace,
housing,
services,
and
public
accommodations,
but
‘the
House
bills
raised
serious
religious
freedom
concerns
because
they
also
sought
to
ban
the
use
of
the
Religious
Freedom
Restoration
Act
(RFRA)
in
any
civil
rights
context,
making
it
unlikely
that
the
acts
would
pass
the
Senate or
be
signed
into
law.
Fae
May
an
Employer
Discriminate
Off-Hours
Lifestyle?
In
the
Case
Opener,
Jennifer
discovered
that
Brad
was
a
smoker.
Later,
she
fired
him.
One
of
Jennifer's
siven
reasons
for
terminating
Brad's
employment
was
that
he
was
a
smoker.
May
Jennifer
and
So
Clean!
legally
fire
an
employee
for
smoking
outside
the
workplace?
The
answer
is,
“It
depends.”
A
recent
trend
has
been
for
employers
to
consider
employees’
lifestyles
when
deciding
whether
to
hire
or
retain
them.
Employers
argue
that
smokers
or
those
who
are
overweigat
have
hisher
health
care
costs
and
miss
more
work,
which
lowers
productivity.
As
a
result,
some
‘companies
either
won't
hire,
or
are
threatening
to
fire,
current
employees
who
will
not
or
are
unable
to
quit
smoking
or
control
their
‘weight.
In
an
effort
to
control
health
insurance
costs,
employers
may
require
employees
to
participate
in
“wellness”
programs.
At
present,
29
states
and
the
District
of
Columbia
have
laws
that
essentially
create
a
protected
class
for
smokers
4"
If
Brad
works
in
one
of
these
states,
Jennifer
and
So
Clean!
may
not
legally
fire
him
for
smoking
outside
the
workplace.
Employers
should
be
aware
that
giving
‘breaks
on
health
care
plans
to
employees
who
are
nonsmokers
could
also
be
in
violation
of
a
smoker's
rights
law.
-
BUT
WHATIF...
WHAT
IF
THE
FACTS
OF
THE
CASE
OPENER
WERE
DIFFERENT?
In
the
Case
Opener,
Jennifer
and
So
Clean’
fired
Brad
for
smoking
tobacco
products.
What
if,
instead
of
tobacco,
Brad
smoked
‘marijuana?
While
it
is
stil
a
federal
crime
to
use or
sell
marijuana,
a
majority
of
states
now
permit
some
level
of
use
of
marijuana
for
‘medical
purposes,*
and
a
small
but
growing
number
allow
recreational
use
as
well.
What
issues
arise
in
considering
this
situation
from
either
criminal
or
a
discrimination
perspective?
How
does
a
Biblical
worldview
affect
your
analysis
here?
top:
sto
homarnelaneaediteterencats?
soa
eunepeyeinn
mediantis
deavensh
SSD
LSIIESRGESS
Pass
0OF
Additional
Laws
Governing
the
Employment
Relationship
10245
Several
major
categories
of
state
and
federal
laws
cover
employee
rights
with
regard
to
wages,
benefits,
and
health
and
safety
standards.
(Gl
Exhibit
243
tists
significant
state
and
federal
legislation
protecting
employees.
Recognize
that
all
federal
laws
do
not
share
the
same
eqnirements
for
enmber
af
employees
and
other
coverage
factors
There
are
alsa
differences
in
definitions
of
applicable
terms,
ae,
“disability”
can
mean
different
things
in
the
ADA,
FLMA,
and
state
workers
compensation
laws.
EXHIBIT
24-3
Significant
Laws
Governing
th=
Employment
Relationship
Law
IMPACT
Wage
and
hour
laws
Federal
and
state
laws
that
impose
minimum-wage
and
hour
requirements
for
employees.
Family
and
Medical
Federal
act requiring
certain
employers
to
establish
a
policy
that
provides
all
eligible
Leave
Act
(FMLA)
‘employees
with
up
to
12
weeks
of
unpaid
leave
during
any
12-month
period
for
several
family-related
occurrences
(eg,
birth
ofa
child,
care
of a
sick
spouse).
Unemployment
State
system, created
by
the
Federal
Unemployment
Tax Act
(FUTAY,
that
provides
‘compensation
unempioyment
compensation
to
qualified
employees
who
lose
their
jobs.
Consolidated
Omnibus
Federal
law
that
ensures
that
when
employees
lose
their
jobs or
have
their
hours
reduced
Budget
Reconciliation
toa
level at
which
they
would
not
be
eligible
to
receive
medical,
dental,
or
optical
benefits
‘Act
(COBRA)
from
their
empioyer,
the
employees
will
be
able
to
continue
receiving
benefits
under
the
‘employers
policy
for
up
to
18
months
by
paying
the
premiums
for
the
policy.
Employee
Retirement
Federal
law
that
sets
minimum
standards
for
most
voluntarily
established
pension
and
Income
Security
Act
health
plans
in
private
industry
to
provide
protection
for
individuals
in
these
plans.
HIPAA
(ERISA)
‘and
COBRA
are
amendments
to
ERISA.
Occupational
Safety
and
Federal
law
that
established
the
Occupational
Safety
and
Health
Administration,
the
agency
Health
Act
(OSHA)
of
responsible
for
setting
safety
standards
under
the
act,
as
well
as
enforcing
the
act
through
1970
inspections
and
levying
fines
against
violators.
FAIR
LABOR
STANDARDS
ACT
‘The Fair
Labor
Standards
Act
(FLSA)
requires
a
minimum
wage
of
a
specified
amount
to
be
paid
to
all
employees
in
covered
industries.
‘When
the
act
was
first
passed
in
1938,
these
were
predominately
manufacturing
factory
jobs;
today’s
service
economy
presents
@
ifferent
landscape.
Congress
raises
the
specified
amount
periodically
to
compensate
for
increases
in
the
cost
of
living
caused
by
inflation.
The
federal
mininmm
wage
as
of
2022
was
$7.25;
however,
many
states
and
cities
mandate
a
higher
minimum
wage.”
As
a
‘business
over,
ecognize
that
where
federal,
state,
or
local
laws
differ,
the
highest
required
minimum
wage
rate
applies.
FLSA
mandates
employees
who
work
more
than
40
hours
in a
week
to
be
paid
n0
less
than
one and
onethalf
times
their
_ase
602,
regular
wage
for
all
the
hours
beyond
40
that
they
work
during
a
given
week.
The
act
exempts
from
minimum
wage
and
overtime
pay
protections
“any
employee
employed
in
a
bona
fide
executive,
administrative,
or
professional
capacity"
Outside
salespersons
are
also
‘exempt.
These
exemptions
were
based
on
the
betief
that
employees
in
these
positions
earn
salaries
above
the
minimum
wage
and
include
“above-average
fringe
benefits,
greater
job
security,
and
better
opportunities
for
advancement,
setting
them
apart
from
workers
entitled
to
overtime
pay."
While
this
may
have
been
mor=
broadly
true
when
the
act
was
passed,
changes
in
the
workplace
have
blurred
the
lines
‘and
left
salaried
employees
working
significant
Lours
without
appropriate
remuneration.
[J
Paper Outline for Yes
I. Introduction:
A. Employers should be allowed to use social media in hiring and firing decisions.
B. Social media is now mainstream and widely used for recruitment purposes.
II. Legal Perspective:
A. Employers must comply with laws like Anti-Discrimination laws and respect candidates'
privacy rights.
B. Social media can help verify the accuracy of information provided by applicants.
C. There is a risk of discrimination and privacy rights violation if not handled carefully.
D. Social media usage can ensure transparency, accountability, and prevent fraud.
III. Social Perspective:
A. Social media provides insights into the applicant's personality, values, interests, and
cultural fit.
B. Information on communication skills and professionalism can be assessed through social
media activity.
C. Identifying talented individuals who may not be found through traditional recruitment
channels is a possibility.
IV. Biblical Perspective:
A. Employers should act as good stewards, protecting the organization's assets and
reputation.
B. Social media usage helps identify candidates who align with the company culture and
fulfill responsibilities.
C. Fair and unbiased decisions are necessary, considering instances where social media life
differs from professional life.
D. Aligns with the Biblical Golden Rule in Luke 6:32.
V. Sources
A. References
1
Yes
Students Name
Institutional Affiliation
Professors Name
Course Name
Date
2
Yes
Introduction
Yes. I believe that employers should be allowed to use social media in hiring and firing
decisions. This is because, with advanced technology, things have shifted, and social media is
now considered mainstream, not cutting-edge technology. Recently, many employers have been
using social media, such as LinkedIn, Facebook, and Instagram, to hire, post job opening
opportunities, and look for potential candidates for vacancies. Allal-Chérif et al., 2021).
Furthermore, employers may use social media to recruit candidates by posting an advertisement
for a job position and targeting specific applicants. Other employers have been using social
media to check the candidates' backgrounds to see if they are qualified for the job. However,
employers can only use these social media by following specific guidelines and carefully
considering legal, social, and Biblical perspectives.
Legal Perspective
In legal consideration, the employers are required to comply with certain laws, such as
the Anti-Discrimination law and the legal considerations of the privacy rights of the candidate.
Allowing employers to use social media in hiring and firing can help the employers verify the
honesty and integrity of the information provided by the applicants. This information may
include educational background and work experience that the applicants may claim to have.
However, in the hiring and firing decision process, employers can end up discriminating against
the candidate due to the information available online, especially if the information is against the
employers’ beliefs. Furthermore, the employer may end up violating the privacy rights of the
candidates if they ask for any sensitive information like passwords, which is most likely to
happen. This helps to ensure the accuracy of information and prevents fraud activities (Vosen,
3
2021). In addition, explain that by using social media, employers can ensure transparency and
accountability from the applicants. This is because, through social media platforms, employers
can gain valuable and unique information about people's personalities, principles, and conduct.
The information about the employees, such as personality, is always absent in the traditional
hiring and firing system, and such information cannot be captured in the applicant's official
interview (Allal-Chérif et al., 2021). Therefore, the candidate's online presence helps the
employer find valuable information about the applicant as they search through social media to
identify the best candidate for the job. Furthermore, the applicant's online presence helps the
employer determine if the candidate is the best fit for the open job position based on the
company's culture.
Social Perspective
Henderson (2019) explains that social media can provide information about the
applicant's personality, values, and interests from a social perspective. This can be helpful to
employers in assessing the cultural fit of an individual and determining whether the candidate is
likely to be a good match for the company's work environment. Also, people's activity on social
media can reveal more about the candidate's professionalism and communication skills through
their messaging comments and posts (Henderson, 2019). This information would be useful,
especially if the job opening requires a candidate with strong communication and interpersonal
skills. In addition, when employers are permitted to use social media in hiring and firing
decisions, there is a possibility that they may end up identifying talented individuals who may
not have been identified through traditional recruitment channels.
Biblical Perspective
4
From a biblical perspective, employers should employ the principles of good stewards.
This includes protecting the organization's assets and the company's reputation from any
activities deemed unacceptable in the company culture. Therefore, by allowing them to use
social media, they can identify potential candidates who fit the company culture and recognize
those who do not fit, thus fulfilling their responsibilities and duties. However, there are instances
where a candidate's social media life is different from professional life. It is the work of the
employer to make fair and just decisions that are not biased and not based only on the
information available on social media for such a case. Thus, it aligns with the Biblical Golden
rule in Luke 6:32, which states, "And as you wish that others would do to you, do so to them."
5
References
Allal-Chérif, O., Aranega, A. Y., & Sánchez, R. C. (2021). Intelligent recruitment: How to
identify, select, and retain talents from around the world using artificial
intelligence. Technological Forecasting and Social Change, 169, 120822.
Henderson, K. E. (2019). They posted what? Recruiter use of social media for
selection. Organizational Dynamics, 48(4), 100663.
The King James Version (KJV) Bible: Search and Read online. (2023). Bible Study Tools.
https://www.biblestudytools.com/kjv/
Vosen, E. (2021, April 19). Social Media Screening and Procedural Justice: Towards Fairer Use
of Social Media in Selection. Employee Responsibilities and Rights Journal,33(4), 281-
309
