Social media has transformed the way businesses find talent. Even small and mid-sized companies can now engage directly with potential candidates, both active and passive, through platforms like LinkedIn, Facebook, and even Instagram or TikTok. This strategy, known as social recruiting, offers a low-cost, high-visibility way to connect with job seekers and promote company culture.
But there’s a line employers must be careful not to cross: screening candidates based on what you see on their social media profiles.
Social Recruiting vs. Social Media Screening
Social recruiting is the use of social platforms to attract and engage job candidates, for example, posting open roles, promoting company values, or networking with professionals.
Social media screening, on the other hand, involves reviewing an applicant’s online activity or personal posts to inform hiring decisions. This is where legal and ethical concerns come into play.
The Legal Risks of Social Media Screening
When you view a candidate’s social media profile, you may unintentionally learn things you aren’t legally allowed to consider in a hiring decision such as their:
- Age
- Race or ethnicity
- Religion
- Gender identity or sexual orientation
- Disability status
- Political affiliations
Even if these factors don’t directly influence your hiring decision, the appearance of bias could expose your company to Title VII discrimination claims or other legal challenges. Courts have increasingly scrutinized how social media is used during the hiring process.
What About Social Media Screening Vendors?
Yes, there are third-party services that offer “social media background checks.” But even then, proceed with caution. If the information they provide isn’t job-relevant, verified, and FCRA-compliant, you may still face privacy concerns or discrimination liability.
Always ask:
- What is being reported?
- How is the information validated?
- Does the report meet Fair Credit Reporting Act (FCRA) standards?
If your vendor can’t answer confidently, reconsider using their services.
Best Practice: Keep Recruiting and Screening Separate
- Use social media to attract talent, not to judge it.
- Conduct background checks through qualified, FCRA compliant vendors.
- Train hiring managers and recruiters on the risks of informal online screening.
- Document your hiring process and ensure decisions are based on job-related criteria only.
The Bottom Line
While social media can be a powerful tool in your recruitment toolkit, using it to evaluate a candidate’s character or background is a legal minefield. Stick to structured, compliant screening methods to avoid undermining your hiring process or opening your business to unnecessary risk.
When used responsibly, social media helps you reach top-tier candidates. Just make sure you’re doing it the right way.
Need Help with Background Checks or Compliance?
Whether you’re hiring new talent or updating your screening processes, the Swailes Background Check team is here to help. From criminal background checks and FCRA compliance to drug testing, employment and education verifications, MVR reports, credit history reviews, and Social Security number validation, we provide fast enrollment and expert support every step of the way.
Contact us today to streamline your screening process with confidence.