Is It Risky to Screen Job Candidates Online?

It is not a secret. Recruiters and hiring managers screen job candidates online every day by simply typing their names into search boxes at Google, Facebook, LinkedIn, Twitter, and other sites. Experienced professionals are aware that they should not be doing this, but many do. Why?

DIY Candidate Screening's Perilous Slope

Publicly available online information can reveal a lot about potential employees. It provides employers with information about a person's hobbies, interests, and personality traits. It also highlights contentious viewpoints, political affiliations, and protected class information.

It may be simple to gain unrestricted access to a candidate's public social media profiles. However, having instant access does not permit you to engage in unethical or potentially illegal hiring practices.

That is why it must be stopped. Screening job candidates without their permission violates their privacy rights, particularly their right to consent to the search.

Getting to Know the Rules

Most recruiters and hiring managers are unfamiliar with the laws governing online background screening. This is due in part to the practice's relative novelty, as well as a lack of updated guidance.

However, now that online screening is so common, employers must understand how to protect both their organization and job candidates. That is why it is critical to comprehend the Federal Fair Credit Reporting Act (FCRA).

Learning how to comply with these regulations is worthwhile for employers. Online screening can be an effective tool for determining an individual's employability. When done correctly, an online background check is an efficient and legal hiring practice.

How can you improve the efficiency of this process in your organization? Let's take a closer look at the key legal aspects of online job screening. First, I'll describe how problems typically arise. Then I'll recommend steps to ensure a fully compliant, stress-free screening process.

Understanding the Debate

Why is social media screening so contentious? Because many social media profiles are public, calling them an invasion of privacy is difficult to defend. Furthermore, applicants have complete control over what, when, and how much information they share on their social media profiles.

Much of this information may have an impact on a candidate's ability to perform in a job-related capacity, either positively or negatively. Education, work history, extracurricular activities, and hobbies, for example, are frequently prominently displayed on social media profiles. And, in any case, employers typically evaluate this type of information during the interviewing process.

The problem, however, isn't that employers are using information that would usually be discussed during a standard interview. It is instead about access to information that organizations are legally and ethically required not to consider.

Race, ethnicity, gender identity, sexual orientation, disability status, and religion are all legally protected categories. This is where problems arise, because viewing a social media profile may inherently reveal information about protected categories.

How common is this practice?

According to a CareerBuilder survey from 2018, 70% of employers regularly review social media profiles as part of the hiring process. Furthermore, 54% admitted to rejecting applicants based on a social media review.

The survey, however, does not indicate how frequently social media reviews were conducted by hiring managers who are legally required not to consider protected information.

When used correctly, online screening can bring to light positive work characteristics such as compassion and open-mindedness. However, it can also reveal negative characteristics. What if a candidate, for example, threatens others in a post or shares a video while committing a violent act? This behavior is unacceptable in the workplace and will most likely prevent the candidate from performing effectively in any role.

Steps to Achieve Better Results

Consider the following best practices for a fully compliant screening process:

1. Make the Rules Clear

All background check methods, including online screening processes, require a clear set of guidelines. "In general, the same rules apply whether you use social media or more traditional methods for conducting background checks," says leading US employment attorney Pam Devata.

"The keys are consistency, accurate record keeping, ensuring that any data accessed is not legally protected information prohibited from being used in employment decisions and that any decisions are rooted in business necessity," Devata explained in a recent interview.

2. Emphasis on documentation

Before delving into the complexities of social media screening, it's critical to establish consistent, generalized hiring practices throughout the organization. This includes establishing a system for recording and tracking all pre-employment decisions and FCRA-mandated disclosures.

Although documenting online screening activity can be difficult, keeping consistent, accurate records will put your organization in a better position to address any issues that may arise.

3. Collaborate with a Specialist Service Provider

Using a trusted online background screening partner like Fama is one of the simplest ways to address the complexities of online candidate research. Employers can gather only the information needed to assess an applicant's job potential when a proven, independent team manages the screening process, reducing the risk of revealing protected categories. Compliance filters are included in the most powerful digital screening solutions. This ensures that reports distributed to hiring teams contain only job-relevant information.

Last Thoughts

Without a doubt, social media screening will continue to be a contentious issue. However, if you are unsure about the legal implications, it is critical to avoid making the mistaken assumption that it is safe to assess a candidate's online presence on your own.

Working with an objective, third-party screening solution ensures compliance at all times. As a result, your team will benefit from a completely compliant screening process. Finally, it means that your organization can concentrate on finding the best candidate for each job.