3 Quick Tips For Safely Conducting Social Media Background Checks

According to the SHRM, 36% of organizations disqualified job candidates basing on information found on social media in 2015. Such information included discrepancies in job activities, evidence of unprofessional behavior and involvement in illegal activities.

This statistic shows that social media background checks are becoming increasingly important in the recruitment process. Given that more employers are using social media during recruitment, the importance of these checks is only going to increase.

However, as is the case with other types of background checks, using social media has its legal pitfalls. To avoid committing violations (and ultimately getting sued), here are a few tips which an employer can use.

1. Consistency

The biggest mistake an employer can make is to use social media inconsistently for conducting background checks. If social media searches are conducted for some applicants, but not others, it is very easy to allege discrimination. For instance, an applicant can claim that the search was carried out on them because of their gender, race or ethnic background.

To avoid such scenarios, the background checks should be carried out consistently. During a particular recruitment drive, either all screened candidates should have their social media accounts searched, or none at all.

2. Protected Information

The biggest challenge with social media is that it offers access to protected information. By simply visiting a person’s social media profile, one can come across info which is protected under Title VII, the ADA, ADEA, GINA and other anti-discrimination statutes.

The only problem is that once someone has seen protected information, it is impossible to “unsee” it. Also, an applicant can easily allege that they were denied employment because recruiters based on protected information when making their decisions. It can be difficult for employers to refute such claims.

To avoid such scenarios, the best solution is to ensure that the person who makes the final employment decision does not see the protected information. There are two possible solutions for this:

• Have another person within the company conduct the social media background check.
• Hire a third-party (e.g. background screening company) to conduct the social media check.

Once the person (or company) conducts the background check, they should summarize the key information which is relevant to making a recruitment decision. Their summary (which excludes protected information) can then be passed on to the person who makes the final recruitment decision. 

3. Documentation

The most poignant feature of information contained on social media is that it is easily altered. A person can easily edit their LinkedIn profile to eliminate inconsistencies, remove their drunken photos on Facebook. As such, a follow-up background check can produce totally different results.

This changeability can raise the prospect of legal problems. An applicant can easily alter the content on their social media platform, and claim that they were denied employment on baseless grounds. Without documentary evidence, such claims can be difficult to refute.

The only solution for this is careful documentation of all “red flags” raised during the background checks. The red flags should be carefully logged with screen shots taken, web pages printed or saved in .pdf format. 

The documentation should also include reasons why the information unearthed provides good grounds for denial of employment. Such documentation doesn’t just protect the employer against future liability, it also improves the decision-making process internally. The documented information can provide a solid basis for comparing job candidates.

In a nutshell, social media background checks should never be carried out haphazardly. They should be conducted with the same amount of forethought as other types of background checks. The above tips can help an employer to conduct the checks in a safe manner. In case a background screening company is contracted to conduct the social media searches, then employers must ensure that they observe all FCRA guidelines.