Every day we hear about someone losing their job over a controversial social media post or a company facing backlash because an employee shared something offensive online. While many companies have social media policies in place, these often focus on employee’s behavior during work hours or sharing company secrets. However, most policies don’t touch on the issue of how hiring managers vet candidates’ social media profiles. Worse, these guidelines often lack real enforcement mechanisms.
A lot of companies overlook the growing trend of hiring managers informally reviewing candidates’ social media. This can put them at significant legal risk, especially under Federal Trade Commission (FTC) and Equal Employment Opportunity Commission (EEOC) regulations. Even worse, what if a hiring manager is looking at the wrong profile? There’s no way for the candidate to correct the mistake, and it could harm their chances of landing the job. Beyond the legal issues, informal social media checks leave room for bias to enter into hiring decisions, potentially affecting diversity efforts and leading to unfair practices across departments.
The following are the top four reasons why organizations should consider outsourcing their social media screening, specifically to consumer reporting agencies that follow Fair Credit Reporting Act (FCRA) guidelines.
Legal Risks
When hiring managers review a candidate’s social media without a formal process, they risk violating the FCRA, which is designed to protect both employers and candidates when using consumer data for employment purposes. The question is being raised in the industry —could platforms like Facebook and Google be considered consumer reporting agencies?
Additionally, if hiring managers use social media to access a candidate’s protected class information (such as age, race, gender), they could be violating EEOC guidelines, opening the company to potential lawsuits.
Incorrect Profiles
One main benefit of outsourcing social media screening is that third-party providers ensure they’re reviewing the correct profiles, which is especially important when a candidate has a common name. In-house hiring managers might unknowingly look at the wrong person’s social media, leading to embarrassment for the company and potentially a lawsuit from the candidate if the wrong information is used against them.
Lack of Objectivity
When faced with two equally qualified candidates, hiring managers may use social media to make their final decision. This often introduces subjectivity into the process. Opinions, gut feelings, or personal biases may influence their judgments. By outsourcing this step to a third-party provider, companies ensure a consistent and objective review of all candidates.
Inconsistent Approaches
Let’s be honest, scrolling through a candidate’s social media timeline is slow and time-consuming. After a few scrolls down, most hiring managers give up. They could be missing earlier posts from the candidate that might represent racist remarks or other disqualifying statements. Outsourcing this task guarantees a thorough and consistent review, ensuring that every candidate gets the same level of scrutiny and minimizing the risk of overlooking crucial information.
Conclusion
In summary, it’s time for organizations to update their social media policies to eliminate the casual, often haphazard, review of candidates’ online profiles. Outsourcing this function ensures a thorough, unbiased, and legally compliant process that ultimately protects the company and its candidates. The small upfront investment in proper social media vetting will far outweigh the risks of doing it in-house via an inconsistent and often biased approach. When used correctly, social media screening can provide tremendous insight into your candidates and help your organization build the right culture.
