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Companies that use social networking sites to screen applicants could be breaking the law. Memo to human resources: Be careful what you look for on Facebook; it could come back to haunt.

Minnesota companies may be walking toward thin ice as they follow a national trend of using social media networks to screen potential employees.

A recent national study found that employers were impressed by personality, creativity and communications skills found via the Internet. But employers also rejected job candidates for inappropriate photos, content relating to drinking or drugs and misrepresentation of skills.

Unwittingly, these businesses could be violating -- or close to violating -- anti-discrimination laws that have protected workers for decades.

Currently, there is virtually no case law restricting use of social networks like Facebook and MySpace by employers.

"But there will be," said Sam Morse, founder and chief executive of Minnesotajobs.com, a website that matches employers and employees. "The legal system will be very busy."

Lawyers say they already have noticed an uptick in interest from business clients about the do's and don'ts with social media networks, particularly when it comes to hiring.

Indeed, 2010 may be the year for creating policies to guide the use of social networks for both prospective and existing employees.

In a survey of hiring managers conducted earlier this year for CareerBuilder.com, 45 percent reported using social media in their background checks of prospective employees, up from 22 percent a year ago. Of those 2,600 managers, 35 percent found something that caused them to not hire the candidate.

"This type of screening is clearly on the rise," said Megan Anderson, an employment attorney for Gray Plant Mooty. "But there is very little legal guidance and people don't know the landscape."

Breaking the law

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Written by David Phelps for Star Tribune

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