In yesterday’s Advisor, we outlined some of the risks recruiters and employers face when using social media for background screening. Today, let’s take a look at a few ways to reduce such risks and be less prone to problems when conducting social media background screening:
- Remember that background checks by employers or recruiters may be subject to the Fair Credit Reporting Act (FCRA). Ensure that those involved in the process are familiar with what that means in terms of their obligations during and after the process. Get training for those involved, if necessary.
- Remember, there may also be state laws that must be followed in terms of how background checks are conducted.
- Consider utilizing a third party to review social media accounts of applicants and report back on any problems that could be important to the hiring process. These professionals can view the entire profile and only report back data that is relevant to the hiring decision. In other words, a third party would not need to report indicators of family health history, religion, etc., that may be in a social media profile but that are not pertinent to hiring. And, since the hiring managers never saw this information, they cannot be accused of using it as a discriminatory reason to not hire the individual.
- Always be sure to get written consent from the applicant for background checks before conducting them, even if all you’re doing is looking up publicly available information like social media profiles. It’s not strictly legally required for such use, but is suggested to advise applicants about the types of background screening you conduct, including disclosure of how that information will be obtained. (There may be more stringent laws at the state or local level; consult with legal counsel.)
- In the absence of using a third party to conduct the social media screening, at least have more than one person in the organization involved in the process. For example, consider having someone uninvolved in the interview process be the one to conduct the background screening. This person could act the same as a neutral third party and only relay pertinent information to those in charge of hiring.
- Before starting the background screening on social media, be clear about the types of discoveries that the organization would consider to be problematic. Having a clear set of guidelines in advance makes it easier to be objective during the process. For example, the organization could note that they’re looking to ensure there’s no evidence of illegal drug use or other illegal activities, no violence or promotion of violence, no evidence of inappropriate sexual conduct, and no evidence that would point to an inability to make proper, big-picture decisions. These types of information can all be put together in a screening policy for reference. Having a policy that everyone can adhere to makes it easier to be consistent. That said, also note that some states or local jurisdictions may also have restrictions on the type of information that can be considered in the hiring process. For example, in some areas, it’s not permissible to use someone’s conduct outside of a working environment against him or her except in limited circumstances. Be familiar with the restrictions in your area.
- When a negative issue is discovered during this screening process, get documentation of it for future reference. This may be in the form of screen shots, for example. This is especially important, since social media accounts can be edited at any time, and an employer may be called upon in the future to defend its hiring choices; therefore, it would be ideal to have documentation of the rationale behind the decision if social media was involved.
- If utilizing social media in a background screening, ensure it’s not the sole source of information required for the background screening. That way, there is less risk of disparate impact on applicants who may not have the economic availability to maintain a social media presence.
- On the other hand, if using social media as part of the background screening process, be as consistent as possible. It should only be one piece, but it should be used consistently. For example, if evidence of some type of problematic behavior is discovered that acts as a disqualifier for an applicant, it should be a disqualifier for every applicant.
- Always consult with legal counsel with any questions. Consider reviewing the entire process with your legal advisors to ensure it’s appropriate.
What other lessons have you learned by using social media as part of your background screening process?
