What are social media background checks?

A social media background check may include a candidate’s public posts, comments, photos and professional website. Reviews performed as part of a background check focus on verifiable, job-related information rather than assumptions about personal traits.

Pros and cons of social media background checks

Social media checks can have benefits and significant risks for employers and candidates. Consider both before adding them to a social media policy.

Benefits of checking a candidate’s social media

A social media review may provide additional context but works best alongside interviews, reference checks and other job-related assessments. Potential uses include:

• Assess job-related communication. Public professional content may provide examples of writing or communication when those skills are relevant to the role.
• Identify conduct that requires review. Public content may raise a specific, job-related concern, but verify identity, authenticity and context before relying on it.
• Verify application information. Public professional information may help confirm a detail from the candidate’s resume, but ask the candidate to clarify discrepancies.
• Review role-related reputation risks. For certain public-facing roles or positions involving financial responsibility, documented public conduct may be relevant to specific job responsibilities. Use written criteria rather than personal opinions or generalized brand preferences.

Risks of social media background checks

The potential risks of social media background checks include:

• Mistaken identity: If other social media users have the same name as your candidate, it may be challenging to find the correct profile. You may want to verify that you’re reviewing posts from the correct person.
• Protected information: A reviewer may encounter lawfully protected characteristics, such as marital status or candidate age.
• Lack of context: Social media posts can be misinterpreted if you don’t have context.
• Candidate reactions: An unclear or overly intrusive process may harm the candidate experience and employer brand.

What social media information can’t influence a hiring decision?

A social media review may reveal information protected under federal, state or local employment law. The Equal Employment Opportunity Commission (EEOC) explains that employers cannot make hiring decisions based on protected characteristics.

Federal protections described by the EEOC include:

• Race
• Color
• Religion
• Sex
• Sexual orientation
• Transgender status
• Pregnancy
• National origin
• Age (if 40 or older)
• Disability
• Genetic information

Best practices for conducting social media background checks

If your organization decides to conduct social media checks, incorporate them into a documented hiring process and consider:

• Developing social media review policies and standard practices that apply to all candidates.
• Explaining what public information the organization may review, when the review occurs and how job-related findings are used.
• Obtaining notice, authorization or consent when required by applicable law, the review method or company policy.
• Verifying that each profile belongs to the candidate.
• Reviewing only publicly available content and considering details relevant to the position.
• Refraining from asking for candidates’ usernames and passwords or sending them friend requests.
• Documenting only verified, job-related findings and the criteria used.
• Giving candidates an opportunity to explain a material concern or possible mistaken identity before a decision is made.
• Assigning reviews to someone trained on relevant employment, privacy and background-check requirements.
• Separating the reviewer from the final decision-maker so protected information can be screened out.

A third-party provider may conduct social media checks as part of a background check. If the provider is a consumer reporting agency, the Fair Credit Reporting Act (FCRA) process may apply.

Also, the Federal Trade Commission (FTC) explains that, before obtaining a consumer report for employment, an employer generally must provide a stand-alone written disclosure and obtain the candidate’s written permission.

What to search for in a social media background check

Search for public content that may appear to raise a workplace safety concern. If any is found, assess the identity, authenticity, context and connection to the role before drawing a conclusion. Examples that may warrant further review include credible evidence of:

• Unlawful conduct directly related to the role
• Credible threats of workplace violence
• Harassment, threats or discriminatory conduct relevant to workplace responsibilities

Document the job-related issue and verification steps, but exclude protected information and unrelated personal content from the decision record.

This article is for informational purposes only and does not constitute legal advice. Social media, privacy and background-check requirements vary, so consult qualified counsel about your process.