malfeasance against the company or its
other employees.
It stands to reason then that public
social media content, with its expansive
and easily available shared information,
gives employers another tool when considering
whether a potential candidate
is the right fit. Conceptually, this seems
like an ideal option, but immediately, a
million questions arise as to the legal,
procedural, and ethical considerations of
social media background screening.
Legal and Regulatory Obstacles
of Other Background Checks
Across the country, state and federal
legislatures and regulatory agencies are
expanding limits on the use of screening
tactics. For example, companies wanting
to perform credit checks typically need
to demonstrate how this type of screening
is relevant to the particular position
under consideration. Investigating
driving records is usually only acceptable
when operating a motor vehicle is among
the job’s core responsibilities. Other
screening procedures are slow and costly
and are increasingly being restricted
by legislatures and regulatory agencies.
There has been a notable trend toward
restricting the use of criminal background
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checks in job applicant recruiting
and screening.
Driving this trend is the fear of discrimination.
The National Employment
Law Project reports that “an estimated
70 million people in the United States—
nearly one in three adults—have a prior
arrest or conviction record. A racially
biased criminal justice system and mass
incarceration have severely impacted
communities of color.” Agencies ranging
from the federal Equal Employment
Opportunity Commission (EEOC) to the
California Fair Employment and Housing
Council (FEHC) have instituted new rules
limiting the use of criminal background
checks, and more than 150 cities and
counties have enacted so-called “Ban the
Box” legislation that forbids screening for
criminal histories until after a candidate
has actually been considered for a particular
position. In such instances, a business
may not require that information as
part of the initial application process.
In this environment, advice regarding
how to conduct an ethically and legally
compliant social media screening is in
high demand. E employers of all sizes have
options when choosing an outsourced
solution, and importantly, a thoughtful
approach to social media screening.
What has emerged is a valuable tool for
organizations of all types seeking to assess
whether potential employees might pose
unacceptable risks, while protecting candidate
privacy and focusing on workplace
relevant issues rather than protected class
information or categorically stereotypical
group discrimination.
The Growth of Social Media Screening
Social media screening has been growing
in popularity among many businesses.
These companies have discovered that
this approach may uncover information
that cannot be easily obtained elsewhere—
including potentially illegal activity,
violent attitudes or behaviors, racism,
intolerance, and sexually explicit material.
Detecting such information before a
hiring decision is made can reduce the
threats of lawsuits, safeguard brands and
company reputations, and even protect
employees, contractors, and customers
from harassment and even physical harm.
The sheer size and scope of the internet
and the ubiquity of social media
make it a rich area for investigation.
There are 192 million people on social
media in the United States alone, and
approximately seven out of 10 U.S. adults
are members of a single social network:
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