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Social Media Background Checks: Benefits, Risks, and Legal Concerns

What You Need to Know Before Scanning a Candidate’s Social Media

Social media is everywhere and it’s tempting for employers to take a quick peek at a candidate’s online life before making a hiring decision. But there are real risks involved in using social media as part of your background check process.

Why Employers Look at Social Media

  • Culture Fit: Social profiles can give insights into personality, values, and professionalism.
  • Red Flags: Posts about violence, illegal activities, or discriminatory remarks may indicate risk.
  • Resume Verification: Candidates sometimes exaggerate their experience or credentials and social media can occasionally confirm or contradict their claims.

The Risks of Social Media Screening

  • Privacy Concerns: Candidates may feel their privacy has been violated, especially if checks are done without consent.
  • Discrimination & Bias: It’s easy to learn about a candidate’s age, race, religion, or other protected characteristics on social media, raising the risk of unconscious bias or discrimination claims.
  • Inaccurate or Outdated Information: Social media is not always a reliable or up-to-date source of information.
  • Legal Pitfalls: Using social media information in hiring can violate the Fair Credit Reporting Act (FCRA) or Equal Employment Opportunity Commission (EEOC) guidelines if not done correctly.

Best Practices for Social Media Background Checks

  • Get Consent: Always inform candidates if you plan to review their social media as part of the background check process.
  • Use a Third-Party Provider: Professional screening firms know what to look for (and what to avoid), helping you stay compliant.
  • Focus on Job Relevant Information: Ignore protected characteristics and only consider posts that are directly relevant to job performance or company risk.
  • Document Your Process: Maintain clear policies on how social media is screened and used in hiring decisions.

Social media can be a valuable tool in background screening, but it comes with legal and ethical risks. If you choose to include social media in your screening process, work with an experienced partner and always respect candidate privacy and fairness.

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.

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