
Employers and recruiters have discovered a treasure trove of information about potential job applicants on social media sites such as Facebook, LinkedIn, and Twitter, and so-called ‘social media background checks’ are becoming more popular and prevalent than ever. However, the use of social media background checks for job applicants has become controversial and can present legal risks. Failure to utilize social media resources can arguably be the basis of a negligent hiring claim if an unfit person was hired for a position where a search of the internet may have raised a “red flag.” Conversely, employers face numerous landmines and pitfalls that can include that include privacy, discrimination, and accuracy issues. Lawsuits and developments in this area will likely be an ongoing topic in 2012. This is Trend Number 3 of the fifth annual ‘Employment Screening Resources (ESR) Top 10 Trends in Background Checks’ for 2012. To view the list of trends, visit http://www.esrcheck.com/ESR-Top-10-Trends-in-Background-Checks-for-2012.php.
The Lure of Social Media Background Checks
It is important to keep in mind that not only will social media searches be a critical part of pre-employment background screening, but there may be considerable activity in how social media is handled after a person is hired. Every employer should have a social media policy for current employees. This article, however, is focused on pre-employment selection and screening.
No discussion on employment screening background checks these days is complete without an analysis of how the Internet is used for uncovering information about job candidates. A social media search allows an employer to literally “look under the hood,” and hopefully find out who a person really is. Not only does a social media search help in finding candidates, but it may prove to be an invaluable due diligence tool. For example, if a person’s blogs, social networking page, or tweets appear to promote inappropriate sexual activity or perhaps threats of violence, an employer may want to think twice before putting such a person in contact with groups at risk, such as children, the aged, or the infirmed. Likewise, if a person has made derogatory or unprofessional comments about co-workers or past employers, or engaged in online harassment, those are things that any Human Resources manager may be interested in knowing about.
However, while employers and recruiters may feel they hit the information jackpot on potential job applicants by using social networking sites such as Facebook and Twitter, business networking sites like LinkedIn, videos on YouTube, search engines like Google, and various blogs and posts, the unrestricted use of social media background checks can land them in hot water since just because certain information is online does not mean it is risk free or even true.
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