From Techdirt, we learn that the search engine background checks discussed in an earlier post have now been officially made legal — at least to a limited degree. An employee at the National Oceanic and Atmospheric Administration was fired for misusing government property, a decision that was apparently made easier when an online search revealed that he had been fired two previous times as well. The employee, David M. Mullins, admitted that he had forged travel receipts to receive reimbursement, and an investigation determined that he cost taxpayers $6,419.83. No criminal charges were filed. But when Mullins was fired, in modern fashion he decided to sue.
Mullins argued that the online background check (done via Google) violated rules of fundamental fairness. The appeals court disagreed. In their opinion, the investigator was not unduly influenced by the online search, and decided to terminate him based on the other evidence, including a list of 102 documented violations. (Whatever else one might say about the government, they know how to document things before letting someone go.) Therefore the online search did not in and of itself render the decision capricious.
It is not clear what the situation would be if the Google check had been the primary cause of termination. It certainly seems a risky course for an employer to take. Online information can be inaccurate, and identity confusion is common. There is no consumer dispute process. A full employment background check done by a qualified company is a safer course.