Also, it's not "discrimination" if you refuse to hire an applicant because you don't think the way they carry themself reflects the company's professional values. Discrimination has to be based on a protected class, like age, gender, disability, religion, etc. The law doesn't protect people who want to brag on Facebook about getting sloshed on weeknights or waking and baking.
However - If a member of a protected class (religion, sex, disability, etc etc) has that information on their facebook page... and learn that a prospective employer that they submitted their resume to has thrown out there otherwise qualified resume because of a facebook page...
Example - Person is a minority and has their photo in their facebook profile. They learn that someone they submitted their qualified resume to has tossed it out after viewing their facebook page... anyone with half a brain can use this to collect a massive payday.
Why?
Well judge, that employer over there viewed my facebook page and has refused to interview me because I am black/mexican/protestant/catholic/wiccan/disabled/etc.
My resume shows all the skills required for the job they are looking to fill, but when they saw a picture of me they refused to interview me.
And with today's unemployment woes, if you think that DOESN'T happen you are in for a big big suprise.
You (as the employer) can argue up and down all day long that it was because of what they wrote, not who they are or what they look like and you are not going to overcome that.
Example #2 -
Lady posts on her facebook page - "Wow, can't believe how wasted I got last night!"
You decline to interview based on that.
When she's filing the grievance with Equal Opportunity groups here's how it could look....
I was pregnant and had the baby about 3 months ago, I went out for the first time in over a year with my girlfriends to celebrate and after 1 glass of wine I was feeling very drunk because I haven't had liquor in over a year. That employer over there won't interview me because I am a single mom/mother/have kids and he thinks that is a detriment to my career.