Social Screening Boundaries: Striking the Balance in Background Checks

The hiring process for HR professionals is now more than just a simple resume and interviews. Today, recruiters often look for candidates who are culturally fit for their organization and do not pose a potential harm to its reputation. Many organizations end their hiring process by screening candidates online as part of a background check to find a suitable candidate. 

With the vast amount of personal information available in the public domain today, any recruiter can conduct a background check on a candidate. Though it is beneficial for recruiters, it poses certain legal and ethical risks when background checks become too personal.  

This blog explores where organizations should draw clear boundaries when using social media screening in hiring and how employers can reduce legal risks while maintaining responsible hiring standards.

What are Social Media Background Checks? 

Social media background checks are also technically known as digital footprints. It is a process of digitally tracing a candidate’s online presence using publicly available information. These traces can be found across social media profiles, forums, post comments, professional portfolios, and other community activities. 

Digital data is often used by hiring managers to verify the details job applicants provide in their resumes or during interviews. It also helps in analyzing a candidate’s overall personality and cultural values. Moreover, social media screening in hiring is gaining traction as it allows HR to eliminate red flags and potential liabilities for their organization. 

Avoiding HR Legal Risks

Integrity and ethics are the two most valuable parts of an organizational recruitment process. Therefore, organizations need to stick to clear policies, transparency, and an ethical social screening process. Staying within limits can help HR avoid legal risks associated with social background checks. Here are some key social screening boundaries that HR should adhere to 

• Any personal data collected during recruitment must be relevant, lawful, and proportionate to the hiring purpose.  

• Screening should focus on job-related information and qualifications. 

• Avoid seeking details that may influence the hiring decision, as it may create an HR legal risk of unconscious bias or discrimination against a candidate. 

• Establish a formal policy that specifies when and how social screening will be conducted. 

• Review social profiles only after the initial shortlisting based on skills and experience is conducted. 

• Inform the candidate when conducting social media screening to ensure transparency and trust. 

Legal and Ethical Risks When Violating Social Screening Boundaries

Organizations should refrain from reviewing personal data based on the race of an individual, religion, sexual orientation, status in terms of family, or political ideologies. This information may introduce conscious or unconscious bias into the hiring process, exposing an organization to potential liabilities. 

The following are some legal and ethical risks that an organization faces when crossing social screening boundaries. 

• Any decision made based on personal characteristics leads to discrimination lawsuits and investigations, which have costly legal defenses and complex settlements. 

• Accessing private accounts by any means violates federal and state privacy laws, leading to federal penalties. 

• Decisions made by considering personal data create unconscious bias, posing an ethical threat.

• When candidates’ privacy is violated, they share a negative experience of that organization. This erodes public trust and damages the organization's reputation. 

Maintaining Social Screening Boundaries

Screening becomes risky when it shifts from a professional evaluation to the scrutiny of personal data. The boundaries must be clearly defined to avoid potential legal and ethical risks. Social screening boundaries need to be maintained with the implementation of an ethical framework. A well-structured policy with ethical due diligence can ensure a consistent, transparent hiring process. By following a formalized policy, an organization can safeguard its reputation and foster a culture of respect, trust, and professionalism in the workplace.