Social media screening is a common and increasingly necessary way for employers to learn more about their candidates and cover all their bases during the hiring process.

In fact, a recent study done by CareerBuilder states that 60 percent of U.S. businesses are currently screening social media prior to hiring a candidate.

Additionally, a study by SHRM has shown us that over one-third of organizations have disqualified a job candidate in the past year because of concerning information found on public social media. While screening social media has become more prevalent in the past few years, it is important to ensure you remain legally compliant while doing so.

Here are five important guidelines for screening social media:

1. Beware of in-house analysis

Companies who use an employee to manually scrub through candidates’ online identities are almost always at a disadvantage because they are unlikely to be aware of the constantly evolving employment laws.

Companies are left vulnerable to discrimination lawsuits and will have a tough time proving which information was used during the hiring decision. As the EEOC states, once you see something you aren’t supposed to see you cannot “unring the bell." This comes in addition to the fact that manual screening can be very labor intensive and can yield inconsistent results.

2. Be transparent and compliant

All organizations must be Fair Credit Reporting Act (FCRA) compliant, both for legal reasons and to ensure the candidate has their own voice in the decision-making process. Companies must take care to give candidates the opportunity to explain any potentially adverse social media posts and activities. Without being fully candid with applicants, businesses expose themselves to potential litigation.

3. Understand there is no silver bullet

Social media and online identity analysis help fill in the gaps of information on a candidate’s background, but rarely provide the full picture.

This sort of analysis should be done in conjunction with other, more traditional types of background checks, interviewing, references, and personal assessments.

4. Be consistent and do not discriminate

Using inconsistent screening criteria in determining what is acceptable on a candidate’s online background and what is not makes it easy to unintentionally discriminate against certain groups of people.

It’s important for companies to set consistent and precise criteria to ensure a focus on job-related factors. This will also help measure an individual against the rest of the candidate population.

5. Stay ahead of the curve

Technology and social media platforms are outpacing the law, and it’s impossible for companies to keep up on these changes on their own. Ask any employment lawyer and they will likely tell you that the most important things a company can do is ensure consistency in their compliance with FCRA, local and international laws, and involve candidates in the hiring process.

Many companies now find social media to be a crucial part of the screening process that can provide a more complete picture of a candidate.

However, every organization should make sure they follow a consistent set of criteria for all potential hires, involve candidates in the decision-making process, and adhere to all local and international employment laws.

Instant Insights /

5 tips to avoid legal risk when screening social media

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