Social media searches are legal, but they can also be treacherous. A recent Professional Background Screening Association (PBSA) survey found that 90% of employers conduct background checks on full-time employees, a number that is increasing annually.
The same survey revealed a shocking 45% of the resumes received by potential job applicants contained discrepancies involving work history or education. In our brave new digital world, employers are now having to walk a fine line between being thorough while not being too intrusive. Understanding privacy laws has never been more important.
It’s essential to ensure that background checks are job-related and respect human rights considerations. While certain checks are permissible, there are clear boundaries that employers must not cross. Which brings us to the wonderful world of social media!
This is a question we are asked quite often at GroupOne Background Screening. While it is NOT illegal for employers to review public social media profiles, such information should be carefully considered with respect to the hiring of a candidate. If an employer discovers information about a candidate’s religious affiliations or disability via social media, that information cannot be used when deciding not to hire. Such a decision could lead to serious claims of discrimination.
It’s important for employers to create a background screening policy in accordance with state and federal laws. Such a policy can guide HR professionals on how to access background information but at the same time, reduce the potential for legal liability. There should be a structured and documented process to ensure any irrelevant or sensitive information discovered is not used in decision-making.
When it comes to withdrawing a job offer based on a background check, employers should tread carefully. The reasons for rescinding an offer must be defensible under human rights and privacy laws. If a background check reveals information which might lead to rescinding an offer, there must be a rationale as to why the job offer was retracted. It’s important to remember, employers have to make sure they’re not basing decisions on information they are not entitled to consider. This would especially apply to social media searches.
Employers should limit their inquiries to what is reasonably necessary for the job. Collecting irrelevant or excessive information, to include the dreaded social media exploration, could lead to a violation of privacy laws. Some best practices to consider for background checks include obtaining explicit candidate consent while ensuring the checks are tailored to the role’s requirements.
As for the realm of social media searches, it can be a legal minefield. This is one of several reasons we do not conduct these searches for our clients. While conducting social media searches can provide insights into a candidate’s personality and behavior, we generally do not recommend it due to privacy concerns, discrimination risks and the possibility of misinterpreting information. Social media searches can be tempting, but sometimes it’s best to stay in your lane.
The information and opinions expressed are for educational purposes only and are based on current practice, industry-related knowledge and business expertise. The information shall not be construed as legal advice, express or implied.