Social media screening has become a common practice among hiring professionals, with 71% of U.S. hiring decision-makers agreeing it is an effective way to evaluate candidates, according to a recent survey by The Harris Poll for Express Employment Professionals. However, more than half (55%) of those who use social media for screening have discovered content that led them to reject an applicant.
While social media can provide valuable insights, when social media screening is improperly performed directly by a company, it can lead to significant legal and reputation risks. That is why using a reliable background screening company for Social Media Screening, can better protect you. Otherwise, missteps may result in violations of the Fair Credit Reporting Act (FCRA), state consumer reporting laws, and EEOC regulations, particularly if sensitive or irrelevant information influences hiring decisions.
Common Pitfalls in Social Media Screening
- Viewing ADA-protected information (e.g., disabilities or medical conditions).
- Considering data older than seven (7) years, which many state and federal consumer reporting laws prohibit.
- Unintentional discrimination based on race, gender, ethnicity, religion, or other protected characteristics.
Best Practices for Safe Social Media Screening
If your organization conducts social media screening directly, it’s critical to take a structured, legally compliant approach. Here are some suggested tips:
- Develop a Legal Framework
Definitely consult your legal counsel to create an approved social media screening process. Ensure the plan includes safeguards to exclude sensitive or irrelevant information that hiring committees should not see. - Understand Legal Boundaries
Familiarize yourself with laws like the ADA, Fair Chance/Second Chance Act, and state-specific clean slate laws. Avoid using outdated or non-reportable information. - Separate Screening from Hiring Decisions
Assign social media reviews to an employee or team not involved in hiring decisions. This team should filter out prohibited information and share only legally permissible findings. - Train and Standardize
Equip staff with training on compliance, nondiscrimination, and documentation. Establish clear protocols for how social media findings are evaluated and ensure all decisions are defensible. - Follow Adverse Action Procedures
Treat social media findings as part of a consumer report, adhering to all adverse action requirements under federal and state laws.
Social Media Screening Protects Your Brand
It is not simply employers who need social media screening to protect their brand and organization. Franchisors, and the franchisees that follow, have a huge investment in their franchise brand. Adding social media checks to the franchisee screening process has become the norm. Country clubs are also incorporating social media into their membership screening process to better protect their critical club brand. Board of Director screening for nonprofits and other companies are increasingly adding social media screening to this process, as these high-profile individuals are highly connected to their respective brands.
Why Use a Professional Background Screening Firm Who Offers Social Media Screening?
Navigating the legal landscape of social media screening can be challenging, especially for in-house teams. Partnering with a reliable background screening firm offering social media, that is also a consumer reporting agency (CRA), can reduce your risks. CRAs have established processes to filter out irrelevant or sensitive information and help ensure compliance with all applicable laws.
By taking a thoughtful, compliant approach, you can leverage social media effectively while minimizing exposure to discrimination claims and regulatory violations. Don’t leave your hiring process vulnerable—invest in practices that protect your organization.
Posted by: Rudy Troisi, L.P.I., President and CEO, Reliable Background Screening and Alan Lasky, SVP Client Success & Partnerships.
This content is for informational purposes only and not legal advice or binding case law. Consult qualified legal counsel for assistance.
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