Using Social Media For Background Screening
Don't Believe Everything You See
Social Media has become a staple in many of our lives. Posting and viewing information on Facebook, MySpace or even LinkedIn has become second nature. In business, the use of social media sites are growing in popularity as a way to increase company visibility, view competition, and even gather information on individuals, be it possible candidates or fellow co-workers. For HR departments, this information is rapidly developing from a viable tool for recruiting, to a tool used for screening, verification and new hire decision-making. Using social media for general perusal or research is one thing; however, making a hire or non-hiring decision based on un-vetted, factitious or discriminating information could put a company in court.
Social sites are a breeding ground for recruiting research, especially when a recruiter intercepts the chatter of individuals looking for a new job. Yet, the use of web information is going beyond recruiting, and being woven within the background checking process. Hiring managers who use unverified and un-vetted data as fact, and make hiring decisions based on that data, substantially increase a company’s liability for use of fictitious or incomplete information; infringement of consumer privacy; and even discrimination.
There are four major points employers need to consider when using social media data:
Anyone can post anything they want on the web. There are thousands of diploma mills that will create fictitious
education history and firms that produce subject matter expertise documentation. Media stories are released daily on individuals that have been arrested for alleged crimes. There are no checks, balances or auditing processes for posting information. Information obtained from the Internet should always be vetted through a credible source before being considered as factual data. EBI uses only credible sources to verify
past employment and
education history, or any other type of credentials that an individual may post on the web. As a consumer reporting agency, EBI is bound by the
FCRA to use reasonable care in obtaining and using factual and also current information that is reported.
Common names and lack of identifiers to positively identity a candidate is one of the biggest pitfalls of using the web to conduct screening. Without additional identifiers such as date of birth, social security number, current address, or other types of critical information, how do you know if you have the right person? EBI always cross-references additional identifiers to ensure we are reporting on the correct subject, and report only current and accurate information.
Most social sites are specific in their “terms of use” and the site is to be used by members only and not for commercial purposes, especially background screening. In addition to site "terms of use policies", employers should also be aware that there are various state statutes revolving around consumer privacy and the breach of that privacy. If you do not obtain the consent of the individual before using the information posted on a social site you could be liable.
Many individuals lead a different life style outside of the workplace. Pictures and stories reflect personality and interests, and are shared widely on social sites. Consider pictures posted on the web of an individual’s family standing in front of a religious icon; the picture can indicate marital status and religious beliefs. As an employer, if the information you view on a social site affects your decision-making process or treatment of an individual in any way, you could be in violation of the Equal Employment Opportunity Commission (EEOC) guidelines.
Social Media can be a useful tool in widening your candidate pool and stretching your recruiting efforts. The screening of your candidates or employees must follow specific federal and state guidelines to avoid potential legal liability. Don't rely on social media sites to vet your potential employee. Turn to a professional that specializes in cost-effective, fast and compliant credentialing solutions to ensure you have the whole story on every candidate.
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All information contained herein is provided by Employment Background Investigations solely for the convenience of its clients. EBI is not providing legal advice or counsel and nothing provided on this document should be deemed as legal guidance or advice. Readers should consult with their own legal counsel to determine their legal responsibilities or if they have questions on any information provided by EBI.