While a candidate’s online presence can offer valuable insights, it also comes with significant risks. Without a clear and compliant process, employers can expose themselves to legal issues and unconscious bias.
The Rise of Social Media in the Hiring Process
For better or worse, social media platforms have become an integral part of our lives, and for many, a public extension of our personal and professional identities. Recruiters and hiring managers have taken note. A quick search of a candidate’s name can reveal a wealth of information that may not appear on a resume or in an interview. From confirming employment history and verifying skills to spotting potential red flags, the information available on public profiles can seem like an ideal shortcut in the screening process. However, this is where the lines get blurry.
The Pros and Cons of Employers Checking Social Media
There’s no doubt that looking at a candidate’s public social media presence has its potential benefits, but it also carries significant drawbacks. It’s essential to weigh these factors carefully before incorporating social media into your screening process.
Pros:
- Verifying Information: Social media can be a quick way to cross-reference information on a resume, such as dates of employment, job titles, or educational background.
- Assessing Professionalism: A candidate’s public activity can provide a glimpse into their professional brand, communication skills, and general demeanor. This can be particularly useful for roles that require public-facing interactions.
- Finding Red Flags: In some cases, social media can reveal problematic behavior that is not otherwise apparent, such as discriminatory comments, threats, or a lack of professionalism.
Cons:
- Inconsistent Data: Not everyone uses social media in the same way. A highly qualified candidate may have a minimal online presence, while another may have a very active but irrelevant one. This can lead to an unfair or incomplete assessment.
- Unconscious Bias: Social media profiles can reveal a great deal of information about a candidate’s protected characteristics, such as age, religion, race, gender identity, or family status. Viewing this information can lead to unconscious bias, which may open the door to discrimination claims.
- Legal Risks: Without proper procedures, conducting your own social media screens can violate federal, state, and local laws. This is particularly true if you are not consistent in who you screen or if you rely on information that is not publicly available.
The Dos and Don’ts of a Compliant Social Media Screen
Navigating the legal landscape of social media and hiring employees requires a clear, consistent, and compliant approach. Here are the key do’s and don’ts for employers:
DO treat a social media screen like a consumer report.
The information you find on social media is often used to make a hiring decision, which means it falls under the purview of the Fair Credit Reporting Act (FCRA). The Fair Credit Reporting Act (FCRA) sets strict rules for background checks, including those that involve searching social media. This requires providing a clear disclosure and getting written authorization from the candidate before you begin the screen.¹
DON’T do it yourself.
This is the single most important rule.
The problem with conducting your own social media sweep isn’t just the time it takes; it’s what you find by accident. Screen enough candidates on social media and you will inevitably be exposed to protected-class information that you would never ask about in an interview: religious affiliation, pregnancy status, political leanings, or medical history.
Once you see that information, you cannot unsee it.
Even if you eventually decline the candidate for a perfectly valid, skill-based reason, your prior knowledge of those protected characteristics opens the door for a discrimination claim. The Equal Employment Opportunity Commission (EEOC) has been clear regarding the misuse of background information and the necessity of preventing discrimination.²
Outsourcing isn’t just about convenience; it is about insulation. When you use a third party like Critical Research, we act as the filter. We review the data, redact the protected information, and hand you a report containing only the job-related insights you are allowed to use. You get the full picture without the liability.
DO apply a consistent process.
To avoid claims of bias, you should have a clear, documented policy on when and how you conduct social media screens. The best practice is to screen all candidates at the same stage of the hiring process (e.g., after a conditional job offer has been extended).
DON’T ask for a candidate’s passwords.
This should be an obvious one, but it bears repeating. It is illegal in many states to ask a candidate for their usernames, passwords, or other login credentials. Stick to public information only, or better yet, let a professional service handle it for you. The National Conference of State Legislatures provides an overview of the numerous states that have enacted laws to protect employees and job applicants from this type of request.³
DO focus on job-related information.
The purpose of a social media screen is to assess a candidate’s fitness for a specific role. Your screen should be focused on finding information that is directly relevant to the job, such as confirming professional credentials or identifying illegal activity.
The Critical Research Solution
The pros and cons of employers checking social media are clear: the benefits are real, but so are the risks. Trying to do it all yourself can be a logistical and legal minefield. At Critical Research, we provide a compliant and reliable solution that allows you to get the information you need without the liability. We are experts at navigating the complexities of employment screening, including the legal and ethical considerations of social media.
By partnering with us, you can ensure that your social media screens are conducted consistently, compliantly, and with the sole purpose of gathering relevant, job-related information. Our process helps you avoid bias, reduce legal risk, and make more informed hiring decisions.
Let us be your partner in building a strong, reliable, and trustworthy workforce. Contact us today to learn how our comprehensive screening services, including compliant social media screens, can help you hire with confidence.
Sources:
¹ “A Summary of Your Rights Under the Fair Credit Reporting Act,” Federal Trade Commission, consumer.ftc.gov/sites/default/files/articles/pdf/pdf-0096-fair-credit-reporting-act.pdf.
² “Background Checks: What Employers Need to Know,” U.S. Equal Employment Opportunity Commission, www.eeoc.gov/laws/guidance/background-checks-what-employers-need-know.
³ “Privacy of Employee and Student Social Media Accounts,” National Conference of State Legislatures, ncsl.org/technology-and-communication/privacy-of-employee-and-student-social-media-accounts.