HR and Social Networking: Sounds like a personal problem…

A recent ERE article – Pandora’s Box: Appreciating the Challenges of Social Networking - is interesting to me. Here’s a little excerpt:

“For example, an employer may view more negatively photos of an African American male, beer in hand, hanging out at a bar than photos of a Caucasian male, also with beer in hand, hanging out at a rock ‘n roll bar. In such a situation, was it really the public evidence of drinking or intoxication that disqualified the individual? How many current employees would be disqualified from employment if never getting publicly intoxicated — or even drinking in public — was a job requirement?”

Obviously, this seems to be implying a recruiter’s potential unlawful discrimation. Obviously there would be no way to track back unless you can read the recruiter’s mind, which is where the issue comes into play.

Social networking sites have caused huge legal issues in HR – it seems like any recruiter who might reject a candidate for  “being too Christian” or having too many activities listed on their Facebook page is not the kind of recruiter you want working for you. So what is causing the problem? Is it really the social networks that are causing this, or is it the people behind it?