It’s important to obtain a clear and comprehensive picture of your applicants prior to making a hiring decision. Checking social media accounts can seem like an obvious answer to see what the applicant is really like. However, this could cause more harm than good. Many managers are now steering clear of social media due to fear of legal backlash.
Aliah Wright, the author of “A Necessary Evil: Managing Employee Activity on Facebook, Twitter, LinkedIn and the Hundreds of Other Social Media Sites” said, “They (managers) have to tread carefully when they are using social profiles for background checks.” In the past, many applicants have claimed that they were not hired because of “protected characteristics” such as age, race, religion, medical history, and nationality which can be clearly visible on some social media accounts.
Some states are actively taking note of this and starting to pass legislation to restrict use of social media for background checks. According to the National Conference of State Legislature (NCSL), at least 22 states have considered or introduced laws restricting employers from requesting access to personal internet accounts or other social media accounts. Recently, Montana, Virginia, and Tennessee have all passed some form of social media legislation. This can also include prohibiting companies from asking employees to add supervisors, administrators, or other employees on their social media accounts.
On the other hand, many employers are still split on the issue citing the potential risks of not conducting social media background checks and facing the consequences of a bad hiring decision. Some employers believe that checking social media can be beneficial to the hiring process. An example of this could include learning if the applicant is actively involved in community service or how they treat other people (characteristics that could be missed within standard hiring guidelines).
The Society for Human Resource Management (SHRM) reports that 76 percent of employers don’t use social media when conducting background checks to avoid legal concerns. To avoid potential legal risks and obtain a comprehensive picture of your applicants, IntelliCorp offers many services such as criminal background checks, employment/education verifications, and drug testing. Using these services can help you determine if an individual is a good fit for your organization.