January 24, 2011

In this article Jenner & Block Partner Carla J. Rozycki and Of Counsel Emma J. Sullivan discuss several recent cases that highlight the many risks employers face in accessing and using information obtained from various online sites when making employment decisions. The authors conclude that to minimize the various risks discussed, employers should exercise caution when conducting online searches of applicants and employees and when taking adverse employment action on the basis of information obtained online. Otherwise, they could face significant legal exposure under various federal, state and common laws.