Can Employers Carry Out Social Media Background Checks?

Use of social networks and the internet have become a common thing in the present society and culture. Users write texts concerning their daily activities and experiences on social networks such as Facebook, Twitter, LinkedIn, and Instagram and often receive controversy.

What was once seen as a social tool has slowly transformed into online resumes. Thus, more and more organizations incorporate social media screening into their employees. This raises an important question: Is it right for an employer to access applicant’s social media accounts?

What exactly is a Social Media Background Check?

Social media check is an analysis employer runs on the applicant’s social media profile. This could be a status, post, comment, profile picture, likes or any updates on a LinkedIn profile, Facebook profile, Instagram and Twitter profile.

The following are warning signs that businesses should be aware of while conducting a social media background check:

  • Unlawful activity (drugs, underage drinking, etc.)
  • Racist or sexist comments
  • Violent or aggressive behavior (including trolling or stalking)
  • Sexually explicit material
  • Confidential information

There is an increase in the use of social media background in hiring since it offers an additional view of candidates outside standard employment references. Public records like arrests, lawsuits, bankruptcies and work history are available, but social media shows employers how people act in their personal lives.

Benefits of Social Media Background Checks

1. Checking Information Accuracy

Social media helps verify resume details. Many social platforms show work history and job information, which you can compare with a candidate’s resume to spot any differences.

If someone claims to be an expert in a field or mentions volunteer work, this information is usually shared online. A simple Google search can confirm if these claims are true.

Businesses also conduct social media checks in order to be sure that candidates will not violate workplace standards and regulations. That is especially true for organizations that act in highly ethical sectors, such as finance, healthcare, or education where an employee’s misconduct might harm the organization’s reputation.

2. Company Culture Match

People are usually more casual and open on social media, giving recruiters a clearer picture of who they really are. By looking at public posts, recruiters can better understand if someone’s communication style and personality would fit well with the company. Also, those people who share meaningful opinions or helpful comments that show their work values. Social media can also show how active someone is in community service.

For example, on LinkedIn, a candidate who shares industry updates, and professional insights, or shows initiative through self-organized activities might be seen as a good cultural fit.

Risks and Challenges of Social Media Background Checks

Social media background checks have some problems. One major issue is privacy invasion. These checks can provide all sorts of details of the candidate including political and religious affiliations himself and his near ones. Employing this information in the recruitment process would lead to discrimination legal suits.

Employers should also be careful with hiring based on the findings or information gained from social media. Online information can be incomplete or misleading. Posts that seem concerning might be the result of misunderstandings or outdated views. Additionally, social media profiles often show a curated image that may not accurately represent who the candidate really is.

1. Privacy Invasion

One major issue is privacy invasion. These checks can reveal personal information about candidates and their families, including political and religious views. Applying this information to the hiring process would court discrimination litigation.

Some individuals have choices to determine who can access their social media accounts. While it’s good that careful candidates manage their online presence, this makes it harder for recruiters to learn about their true personalities.

2. Misleading Information

Candidates can easily create social media profiles that only show what they want employers to see. Recruiters can only work with what’s publicly available. Remember that trying to get login details or sending friend requests to see private profiles can violate privacy laws.

3. Legal Risk for Employers Carrying Out Social Media Background Checks

Social media screening is a complex legal compliance task that requires employers to ensure the publicity of the information being reviewed. If a candidate has a private or restricted profile, then it is unethical as well as illegal for an employer to try and access that profile without permission.

Furthermore, employers should think about the legal requirements of anti-discrimination. The principles of employment laws including U.S. Equal Employment Opportunity Commission EEOC prohibit employers from undertaking decisions based on; race, color, religion, sex, national origin, age, disability, or genetic information. For example, if an employer ends up discovering that a candidate is a member of a particular religion via the candidate’s social media then, the employer was discriminating against the candidate, regardless of whether or not this was a deliberate action.

Beyond non-discrimination practices, employers need to consider data protection laws like General Data Protection Regulation (GDPR) in the EU. GDPR comes with tight policies on how employers can collect, process, and store personal data. Fail to comply with these guidelines could result in heavy fines and reputational damage for the employer.

Employer Doing Criminal Hisrtory Checks

While concerning social media background checks it is important to consider the online activities of a candidate, some employers also provide police checks. Police checks of candidates usually involve establishing whether one has any criminal record or any outstanding charges In the process. This information is crucial in some positions, and most importantly in occupations that involve close interaction with people including medical, teaching, or security-sensitive professions.

Employers requesting police checks have to gather consent from the candidate before they can request this information. One should also re-emphasize here that criminal background check results should not alone be relied on to make hiring decisions. When hiring employees, employers need to consider a person’s criminal history. They should see if the crime is related to the job and if the person has changed for the better.

Often, because of possible dishonesty, social media checks coupled with the police check offer the employer a more comprehensive profile of the person. But it is highly advisable that these workouts be done with strict adherence to the laws of the country so that human rights on aspects of privacy as well as discrimination aspects are not infringed.

How to Conduct Social Media Background Checks Ethically

When conducting social media background checks on potential hires, it is best to do so in a lawful manner, and in accordance with company policy. These tips will assist you:

1. Obtain Consent: Consent is obligatory before searching through a candidate’s social media accounts. This could be done during the application or interview phase. Applicants must also be made aware that, as part of the hiring process, their social media accounts might be looked at.

2. Target Relevant Areas: Employers should only examine information that is pertinent to their job requirements. So for instance, when a candidate is marketing his or her skills for a certain role, say that of a marketing officer, the employer may wish to consider the candidate’s professional posts.

3. Be Transparent: It is critical for the applicants to be aware of any social media policies that the company has and what conduct is expected of them. Applicants should also be aware if there is a social media review process, including if comments and posts made on their accounts will be checked.

4. Use Professional Tools: Instead of spending hours going through each applicants’ social media accounts manually, HR practitioners should consider using specialty tools or applications that ensure they remain compliant while being reasonable.

5. Avoiding Prejudice: Employers need to be avoiding any implicit bias.

Summarising

Background checks regarding social media profiles can be beneficial for employers involving insights into their potential employees; however, those checks are to be done carefully. There are legal, ethical, and privacy problems facing employers as they carry out the activity of screening a candidate’s social media sites to determine his/her suitability for employment in a certain organization due to various merits that come with it. In this way, employers can make fair decisions without going against the anti-discrimination act or trespassing the employees’ privacy rights while maintaining the employer’s legal obligations to ensure only relevant employment-related characteristics are taken into account.

Finally, social media background checks have to be part of the hiring procedure. In addition to resume reviews, interviews, and police checks, it offers employers a more effective way of making a fair hiring decision. So long as these checks are conducted thoroughly and within the legally permissible parameters then the qualitative benefits in relation to candidate shorthand can effectively speak for their value within the recruitment context.

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