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Social Media Screening Guidance for Individuals and Organizations
Courtney Shelton Hunt, PhD
Founder, The Denovati Group
©August 2014, All Rights Reserved
1 Social Media Screening
©Courtney Shelton Hunt
The Denovati Group
August 2014, All Rights Reserved
Introduction
Social media screening (aka social screening) has become a common practice among recruiters and
hiring managers, as well as some coaches and college admissions offices. This white paper
consolidates and updates previously shared guidance about this practice, providing
recommendations for both individuals and organizations. It is primarily focused on job candidates
and employers, but it can be applied to students, athletes, admissions offices and coaches as well.
Social screening has become an almost commonplace recruiting and hiring practice. Employers are
“googling” job candidates and searching social networking sites as part of their pre-employment
background checks, and admissions counselors and coaches are using similar practices to make
acceptance decisions about prospective students and athletes.
Results of a recent CareerBuilder study (http://goo.gl/MEoLqh) indicated that over half of the
employers surveyed rejected applicants because of their social media content. Reasons included the
obvious, like posting inappropriate photographs, information about drinking and drugs, and criminal
behavior, to things that may not seem to be deal breakers, like poor communication skills and
“unprofessional screen names.” The study found that social media activity worked in candidates’
favor as well, by demonstrating things like well roundedness and creativity.
A similar study, focused on college admissions, was conducted by Kaplan Test Prep in the summer of
2013 (http://goo.gl/XWNEfM). Although the percentage of admissions offices engaging in social
screening was not as high, they are also on the rise. A related article in the New York Times
(http://goo.gl/oHChmR) reveals that the reasons to reject – and accept – students based on their
social media activity are similar to those used by employers (and be sure to check out the comments
– almost 600 of them – to see what readers had to say about the practice).
College coaches also use social media to evaluate recruits (http://goo.gl/bK1leh). As with job
candidates and college applicants, the classic “knowledge, skills, and abilities” combination is
increasingly not the only criteria by which people are being evaluated and judged. Off-duty conduct
(where permissible by law), as well as general communication (what you say, how you say it, and
where, plus what you share) often provide additional insights into whether to accept or reject an
individual.
I was recently interviewed for an article entitled How Social Media Content Hurts Job Seekers
(http://goo.gl/LdKtbo), which prompted me to consolidate and update the guidance I’ve previously
shared about the practice of social screening into this white paper. The guidance is primarily focused
on job candidates and employers, but it can be applied to students, athletes, admissions offices and
coaches as well.
2 Social Media Screening
©Courtney Shelton Hunt
The Denovati Group
August 2014, All Rights Reserved
Contents Introduction .......................................................................................................................... 1
Social Screening Basics ........................................................................................................... 3
Third-Party Screening Services ............................................................................................... 3
Guidance for Individuals ........................................................................................................ 4
LinkedIn ..................................................................................................................................... 5
Twitter ....................................................................................................................................... 5
Facebook ................................................................................................................................... 6
Other Social and Digital Platforms ............................................................................................ 6
Google Alerts ............................................................................................................................. 6
Social Media Clean Up ............................................................................................................... 7
More on Privacy Settings ........................................................................................................... 7
Limit Access to Your Accounts ................................................................................................... 7
Think before You Speak ............................................................................................................. 8
Guidance for Recruiters and Hiring Managers ......................................................................... 8
"Not Illegal” Doesn't Mean “Ethical” ........................................................................................ 9
Just because You Can, Doesn't Mean You Should ................................................................... 10
Two Wrongs Don't Make a Right ............................................................................................. 10
Remember the Law of Unintended Consequences ................................................................. 11
Is Turnabout Fair Play? ............................................................................................................ 11
You Reap What You Sow ......................................................................................................... 11
If You're Going to Do It, Do it Right ......................................................................................... 12
Conclusion........................................................................................................................... 13
3 Social Media Screening
©Courtney Shelton Hunt
The Denovati Group
August 2014, All Rights Reserved
Social Screening Basics
The most common approach to social screening is to enter an individual’s name and certain other
defining characteristics (e.g., city, current/former employers, schools attended) to narrow the search.
These searches can be conducted through search engines like Google or Bing, or on specific
platforms like LinkedIn. The results will include any and all information that is publicly available, even
from sites that are generally considered private. Social screening can also occur as a result of general
brand monitoring (e.g., looking for references to an organization on Twitter) and through asking
candidates to provide their social media names (more on that later).
For most job candidates, social screening is generally a later-stage activity, depending on the
recruitment processes used. Because it is resource intensive, it usually occurs when the pool of
candidates has been narrowed down significantly, and often just prior to an offer. By that point the
candidates have already been screened on traditional criteria (e.g., skills, experience) and employers
are focused on identifying factors that can create significant risks for them (e.g., engaging in illegal
activity, disclosing confidential information, extreme bigotry). Minor indiscretions and lapses in
judgment are unlikely to impact an offer decision.
Employers can engage in social screening directly, with recruiters (both in-house and third-party), HR
representatives, and/or hiring managers doing the searches. They may also employ a background
checking service (aka a third-party screening service) to conduct the searches on their behalf.
Third-Party Screening Services
When a background checking service is used, the searches must be compliant with the Fair Credit
Reporting Act (FCRA). Here are the main compliance elements of the FCRA from a hiring perspective
(see http://goo.gl/3Ks7YF for a fuller explication):
• Job candidates must formally agree (i.e., in writing) to a background check in advance.
• If any negative information is found, the third party must undertake steps to ensure its
accuracy.
• If an employer intends to take an adverse action against a candidate based on negative
information that’s been discovered, it must provide the candidate with a copy of the third-
party’s report, along with a statement of his/her FCRA rights, and allow the candidate to
respond and/or dispute the decision.
• Any information that is determined to be false after the fact must be deleted from the search
records and the report.
What does this mean for job candidates?
• They’re given fair warning that a prospective employer is going to conduct a digital search,
which gives them plenty of opportunity to conduct their own searches for publicly-available
information to see what information/activity might be attached to them.
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©Courtney Shelton Hunt
The Denovati Group
August 2014, All Rights Reserved
• If the official search produces negative information that they believe is false or misleading,
they have the right and the opportunity to address those findings. There’s also a well-defined
dispute resolution process they can follow if an employer decides to take an adverse action
that they believe to be unfair.
Social screening searches conducted by background checking companies cannot be indiscriminate,
unfocused, and exhaustive; rather, they should be specifically focused on criteria defined in advance
by an employer that are job-relevant and legally-defensible:
• They should only search for PUBLICLY available information. They should not access
information that is private (e.g., password protected and/or not generally available on the
internet).
• Information that doesn’t correspond with the pre-defined criteria should be removed from
the search results, as is information that is legally protected at both the federal (e.g., gender,
age, religion) and state (e.g., sexual orientation) levels.
• Although initial sweeps are likely automated, negative results should be carefully screened
by human beings and verified to ensure their accuracy before being included in a report.
• In conducting their searches, screening companies can only go back seven years, per the
FCRA. Any information they find that's older than seven years cannot be included in their
results.
Contrary to what some people think, these screening companies do not create a database of results
that can be accessed for future searches. Each social screen is conducted independently, based on a
specific employer’s criteria. To comply with the FCRA, the companies must keep search results for 7
years, in case of disputes and/or legal action, but that data is not available for any other purpose.
Though the practice of social screening by third parties has been criticized (and in some cases
vilified), the risks for both candidates and employers may be much greater when social screening is
not conducted by an FCRA-regulated third party. More on that later.
Guidance for Individuals
The risks to individuals based on their digital identities and activities exist regardless of whether
employers and third-party companies engage in social screening. Information about us is shared
publicly in cyberspace all the time – both by ourselves and others. It is incumbent upon all of us to
monitor our digital identities and take appropriate action to manage them (e.g., fixing our privacy
settings, using strong passwords, deleting inappropriate content, abiding by the rules of civility), even
when we’re not actively on the job market. In fact, it’s probably a good idea to act as if we are always
on the job market, even when we are gainfully employed with no intention of leaving a
job/organization. Individuals with a unique set of skills that are in high demand are always fair game
as passive candidates. And as many people can attest, anyone can involuntarily become an active
candidate at any time.
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©Courtney Shelton Hunt
The Denovati Group
August 2014, All Rights Reserved
In Dressing for Success in Cyberspace: Give Yourself a Digital Make-Over (http://goo.gl/4FaMO0), I
provide an overview of the steps individuals should take to create and maintain a strong professional
brand in cyberspace. The following recaps and extends some of that guidance, particularly for job
seekers.
LinkedIn is the main platform used for professional social networking. Here are some key things to
keep in mind:
• Make sure you have a robust profile that focuses on your professional activities, connections,
and experience.
• You certainly want to present yourself in the best possible light, but you should not
misrepresent your background, accomplishments, and/or skills.
• Even though LinkedIn provides the ability to include some limited personal information (e.g.,
marital status, date of birth), there’s no good professional reason to do so.
• In addition, you should think carefully about information you share regarding your hobbies,
as well as the groups you join, the comments you make, and the items you share.
• If your network is public, make sure you’re thoughtful about the people you connect with.
• Always be cognizant of your professional identity and how it’s represented by your
information and activities.
For more on creating a strong LinkedIn profile and leveraging it for professional purposes, check out
our LinkedIn platform guidance (http://goo.gl/WVPbZK).
Twitter is used for both personal and professional purposes, so it can be particularly tricky. Here are
some key things to keep in mind:
• If you’re going to have a public account (and most people do), make sure your Twitter handle
(account name) is professional, your photo/image is appropriate, and your page is designed
well.
• You shouldn’t feel compelled to tweet, but if you do remember that quality is more
important than quantity.
• As with your LinkedIn activity, be aware of how your tweets reflect on your professional
identity.
• Your followers and those you follow are a reflection of you as well. Make sure you’re
comfortable with what your Twitter relationships may say about you.
• If you want to use Twitter for both personal and professional reasons, you may want to
consider creating two Twitter accounts to separate and better manage your identities and
activities.
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©Courtney Shelton Hunt
The Denovati Group
August 2014, All Rights Reserved
For more on creating a strong Twitter profile and leveraging it for professional purposes, check out
our Twitter platform guidance (http://goo.gl/cKz9e8).
Although you can use Facebook as part of your career management efforts, most people use it
primarily as a personal platform. And though some folks see no problem blending the personal and
professional, I advise against it. Specifically, I recommend restricting your network to personal
relationships rather than professional ones, and making sure you properly establish your privacy
settings so that only certain information is publicly available.
Even with tight privacy settings, you should still be able to use Facebook to learn about organizations
and opportunities, promote yourself as a professional, and make connections. You don't have to
friend anyone to have a professional exchange with them on Facebook. And commenting on posts or
exchanging messages with others won’t give them access to your profile information.
Additional recommendations:
• Review the photos in which you’ve been tagged, and check the profiles of the friends who’ve
tagged you (you may need to have someone else do this). If their profiles are unprotected,
you may want to untag yourself. You may even want to ask them to delete the picture(s).
• Review and pare down your list of friends. Unfriend folks you don’t really know, as well as
folks you only have a professional relationship with (connect with them on LinkedIn instead).
• Double check the pages you’ve liked and the groups you’ve joined (or been added to). Delete
yourself from any pages/groups that could poorly reflect on you as a professional.
Some people may advocate establishing two (or more) Facebook accounts to separate the personal
and professional and further protect one’s privacy. Doing so is a violation of Facebook’s terms of
use, however, so I advise against it. Instead, leverage a platform like LinkedIn for your professional
identity.
Other Social and Digital Platforms
If you have accounts on other social media sites (e.g., YouTube, Flickr, Instagram, Tumblr,
SlideShare), and/or you have a blog, define where the public/private boundary should be drawn for
each and make the necessary changes to your account profiles and/or content. Err on the side of
conservatism – something that may seem harmless to you could easily be misinterpreted by
someone in a way that’s harmful to your interests.
Google Alerts
Set up Google alerts on your name, similar to what a prospective employer might search on. Make
sure you are satisfied – or can at least live with – the information contained in the resulting links. If
you don’t like what you find, take whatever action you can to clean up your digital presence.
7 Social Media Screening
©Courtney Shelton Hunt
The Denovati Group
August 2014, All Rights Reserved
Social Media Clean Up
I provide some tips on what to do in the Dressing for Success in Cyberspace guidance referenced
earlier (http://goo.gl/4FaMO0). Additional tips can be found in the articles below, and by running a
search like “social media clean up.”
• Swear Off Social Media, for Good or Just for Now (http://goo.gl/eJs0IC)
• New Offering for Job Seekers: Fewer Embarrassing Social Media Photos
(http://goo.gl/2F0tZM)
More on Privacy Settings
Even if you have tight security settings, never assume any digital communication is truly private. Your
connections may feel no obligation to maintain confidences you share via social networks. In fact,
some of them may have a duty to report activity that appears to violate laws and/or policies (for that
matter, so may you). Always act as if even private digital information can become public.
Also, given how often various social platforms change, be sure to recheck your settings at least once
a quarter.
Limit Access to Your Accounts
It’s hard enough to manage the risks to which you might expose yourself through your own actions,
so why would you want to increase that risk by giving other people access to your social media
accounts? In addition, it’s important to remember that on personally-focused platforms like
Facebook, you have a responsibility to not just protect your own privacy but also the privacy of the
people to whom you’re connected. With that in mind:
• Do not share your login credentials with anyone except those you trust completely (e.g., a
parent or your life partner). In addition, be sure to log out of your accounts when you step
away from a computer, even if it’s not a shared device. And finally, make sure to lock mobile
devices and tablets, and consider not having sites remember you automatically on those
devices (thereby limiting access if they get lost or stolen).
• Do not provide a prospective employer your login credentials for any of your social
networking sites. The only activity they should be concerned with is that which is publicly
available. If they wouldn’t expect unfettered access to your home, photo albums, personal
correspondence and diary, they don’t need to see your private digital activity. More on that
later.
• Similarly, you should respectfully decline to log in during an interview and share your activity
in person (this is what I call shoulder screening). Even if you are willing to share your
accounts with them, the people in your networks haven’t agreed to have you share
information about them without their knowledge/consent. With your social networking
activity, it’s not just your privacy that’s at stake.
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©Courtney Shelton Hunt
The Denovati Group
August 2014, All Rights Reserved
• Don’t connect with people from prospective employers/recruiters on your personal social
networks. For that matter, you should limit your personal connections with any people you
only/primarily know professionally (e.g., bosses, colleagues, clients). It’s best to have a high
threshold for allowing a professional connection to become a personal one.
Think before You Speak
Just as in the physical world, you will be judged on a whole host of factors in cyberspace. And since
digital activity lacks the context and nuance that in-person interactions provide, those judgments –
rightfully or wrongly – can be harsher. Because anything you share on a digital platform either is, or
can become, public, remember to:
• Present yourself and your ideas in a positive, civil manner.
• Use good grammar and check for typos.
• Abide by the explicit and implicit norms of a given platform/community.
• Make sure your contributions and comments on public forums are substantive.
• Don’t use foul language or make off-color comments (including jokes) that could be
construed as offensive.
• Know the rules and play by them. This includes laws (e.g., defamation), contracts (e.g.,
confidentiality agreements), employer policies, and community guidelines.
• Take the higher ground – and stay there. Maintain civil discourse at all times. Avoid swearing,
salaciousness, sarcasm and snarkiness. Don’t engage in or dignify personal and ad
hominem attacks. Keep your emotions in check and focus on facts. Take conversations offline
when necessary.
• Remember that even though the flow of information in cyberstreams may be rapid, the pool
into which they end up doesn’t evaporate. Old activity can come back to haunt you if it’s not
purged. Always think before you tweet, blog, comment, provide a status update, etc.
Guidance for Recruiters and Hiring Managers
Although social screening can be a very powerful hiring tactic, it is far from being risk-free. Just
because cyberspace offers a new playing field, it’s not a brand-new ballgame. The old rules (e.g., anti-
discrimination laws) still apply. Social screening can in fact increase employer risks, because each
digital search leaves a discoverable trail and creates new documentation and tracking
responsibilities.
The risks associated with social screening include cases of mistaken identity, fake or prank accounts
and activity, and inaccurate information. There are also a host of compliance issues to be managed
with respect to laws at the federal, state and local levels. In addition to obvious laws like anti-
discrimination, employers must also consider things like the Fair Credit Reporting Act (if a third-party
is used to conduct the checks) and the Stored Communications Act (check out this legal update from
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©Courtney Shelton Hunt
The Denovati Group
August 2014, All Rights Reserved
Mayer Brown to learn more: http://goo.gl/9fPJ1t). And beyond the legal issues are ethical and
cultural considerations that organizations should not ignore or be too quick to dismiss.
A couple of years ago there was a big brouhaha about employers and colleges asking individuals to
share the login credentials for their social media accounts. The purpose was to access privately-
designated areas to look for information, activities, and/or relationships that might create risk for an
organization, such as gang-related activity, racial prejudice, or a tendency toward violence. This
practice wasn’t widespread at the time, and it’s now all but nonexistent, but nonetheless there has
been an ongoing effort since then at the state level to pass laws banning it (for a current update on
where things stand with various states, check out http://goo.gl/8at9Jr).
What got lost in much of the kerfuffle over this extremely rare practice is the need to discuss
practices that are far more commonplace and occupy grayer areas of right and wrong. These
practices include shoulder screening (asking a person to log in and then viewing content and
relationships they’ve designated as private), friending job candidates for the purposes of checking
out their personal activity (using either a real or fake identity), and browsing an individual’s account
without their knowledge or consent.
Employers (and third-party recruiters) who want to employ a sound approach to social screening
should consider the following.
"Not Illegal” Doesn't Mean “Ethical”
Some people assert that a wide range of social screening tactics are acceptable because there are no
laws forbidding them. Given how long it takes us to develop rules (in terms of both policies and laws)
for the challenges we face in both organizations and society, we should be wary of relying too
literally on what is/is not legal to guide our actions. History is replete with examples of laws emerging
in response to ethical failures (like the practice of requesting login credentials, noted above), many of
which caused a great deal of harm before they were stopped.
By the same token, we can’t rely on people’s individual morals and values to help them determine
proper behavior. Individual morality varies widely, not just in terms of specific values, but also in
terms of moral maturity and sophistication. Rather, we should rely on our collective sense of right
and wrong, which helps us define normative expectations for acceptable/unacceptable behavior.
When we face circumstances that present new ethical challenges, we must rely on our shared ethical
foundations to determine the new norms that should emerge. One of those collective norms, which
was evident in the responses to the news about login credentials, is that we all have a right to privacy
– not just in the physical world, but in cyberspace. If we wouldn’t ask someone for the keys to their
home so we can learn more about them, why do we think it’s appropriate to ask them to give us the
keys to their social network accounts?
10 Social Media Screening
©Courtney Shelton Hunt
The Denovati Group
August 2014, All Rights Reserved
Just because You Can, Doesn't Mean You Should
Digital data is so pervasive and easy to access that it’s tempting to adopt the mentality of “anything
goes” and “everything’s fair game.” It’s challenging, to say the least, to resist the urge to snoop
around and dig for digital dirt. But when we create “physical world” analogs for our cyber activity,
the dubiousness of these practices should become evident immediately. For example, most
recruiters and hiring managers would never consider:
• Following an individual and eavesdropping on their personal conversations, even in public
spaces.
• Staking out an individual’s home, watching who comes and goes.
• “Spillover spying” on an individual’s family and friends, whose actions have little to no
relationship with the organization and pose few if any risks.
• Wandering around a person’s home, checking out their property, looking through their
windows, or going through their mail and/or their garbage.
• Entering the individual’s home (even if the door is open or unlocked) and rummaging
through drawers, examining photo albums, checking out their movie and music collections,
reading their personal correspondence.
Similarly, they wouldn’t consider it appropriate to access an individual’s email activity, their online
banking information, or other digital activity outside of social media. The same standards should
apply to all of an individual’s personal information and activity, regardless of where it resides.
Two Wrongs Don't Make a Right
Many people try to explain or justify their social screening tactics by emphasizing that they’re looking
for red flags that would indicate an individual might bring harm to other individuals, either inside or
outside an organization, and/or damage the organization’s reputation or brand. They see their
efforts as part of a defensible risk management strategy.
Every organization has a right to protect itself, its brand, and its stakeholders, but that doesn’t give
them carte blanche to engage in pre-emptive actions that can themselves cause harm, not just to the
individuals whose actions they’re scrutinizing, but also to the organization and individuals they’re
ostensibly trying to protect.
Related to this idea is the notion of “blaming the victim” by claiming that individuals who don’t
implement the proper safeguards have no right to be upset when information and activities they
consider private are accessed. It’s absolutely true that people are responsible for protecting their
own privacy; however, a lot of people haven’t realized that yet, or they haven’t figured out how to do
it. And as we all know, the terms of use and privacy settings on many social media sites – especially
Facebook – can be confusing and onerous, and few if any of us are able to perfectly lock them down.
If we can agree that an unlocked door doesn’t justify a robbery and a woman walking alone at night
isn’t “looking for trouble,” we should be able to apply similar standards to the ways in which people
may make themselves vulnerable (often unintentionally) in cyberspace. It’s also important to
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The Denovati Group
August 2014, All Rights Reserved
remember that we’re all dependent on and vulnerable to the actions of others, so we will never have
perfect control.
Remember the Law of Unintended Consequences
Many of the activities intended to manage risk create risks themselves, some of which can be greater
than the initially-targeted risks. Poking around an individual’s social media activity is like opening up
Pandora’s box. Some of the biggest risks include:
• Accessing protected-class information (e.g., race, religion, age) and/or protected speech
(e.g., whistle-blowing and concerted activity), and/or becoming aware of lawful off-duty
conduct (e.g., drinking, smoking, political activity)
• Viewing activity for which you have a duty to report (e.g., stealing, underage drinking,
harassment, threats of violence)
If a prospective employer takes an adverse action against an individual (i.e., not hiring them), it could
be fairly easy for that individual to provide prima facie evidence that they may have been
discriminated against based on their protected class status, their protected speech, and/or lawful off-
duty conduct. The burden would then shift to the employer to prove that the adverse action was
based on defensible factors.
And if an individual were to cause harm to him/herself and/or someone else, the resulting
investigation would very quickly evolve into questions about what certain authorities knew, or
should have known, that could have prevented the harmful act. It’s hard to claim plausible deniability
when you’ve friended a job candidate, and/or there’s clear evidence that you’ve explored their social
media account.
Is Turnabout Fair Play?
How would recruiters, hiring managers, and others in positions of power and authority feel having
their own activities scrutinized to the degree they may be subjecting others? Would they pass their
own tests? Do they have no skeletons in their closets? Are they completely open books?
Similarly, how would they feel if they were subject to “spillover spying” themselves, when the activity
of someone in their digital networks is being scrutinized? Would they want to be informed that
information and activities they’ve designated as private are being reviewed? Would they want to be
asked for their consent first? Would they provide that consent?
Simply put, we need to think about the Golden Rule and consider the potential hypocrisy of
subjecting other people to a set of standards we could never live up to ourselves, or a set of actions
we would find objectionable if they were applied to us or our loved ones.
You Reap What You Sow
Requiring access to an individual’s personal information and activities is inherently distrustful, which
breeds further distrust and undermines both the longevity and the quality of relationships. That in
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The Denovati Group
August 2014, All Rights Reserved
turn is likely to impair individual performance, diminish morale, and create/perpetuate a
dysfunctional organizational culture.
When that distrust is evident even before a relationship begins, it increases the likelihood that an
organization won’t be seen as an employer of choice, thereby undermining its efforts to attract the
best possible candidates and/or win the war for talent.
If You're Going to Do It, Do it Right
Managing Digital Era risks is critically important for organizations of all types. Concerns over
negligent hiring and the desire to do appropriate due diligence before hiring someone are valid
arguments for conducting social background checks, but employers shouldn’t let the relatively easy
access to digital data lead them to act in ways that are not in their long-term best interests.
Employers who are seriously concerned about their negligent hiring risks need to develop social
screening processes that are global, internally consistent, ethical, and legally-defensible (at the
federal, state, and local levels). Their searches should be based on bona fide occupational
qualifications (BFOQs) and job-specific education, skills and experiences, and should properly address
risks such as adverse impact and adverse selection. Furthermore, it must be clear that social
screening provides important information that can’t be learned from the applicant review, interview,
and reference checking processes. Finally, the processes should also include steps to insure that
legally-protected candidate information that is not job relevant is not revealed to decision makers.
Although we are still defining best practices in this area, there is emerging consensus that we should:
• Focus on information and activities that are generally perceived and/or intended to be
public.
• Balance the need to protect the organization and its brand with the individual rights of
candidates.
• Develop sound policies and procedures for accessing and reviewing social media activities of
job candidates.
• Create and implement sound and legally-defensible social media policies and make sure both
individuals and people in positions of authority are properly trained about what they mean
and how to comply with them.
For a host of reasons, it may be best to use an FCRA-compliant third-party screening service and
incorporate social screening into the regular background checking process. When employers engage
in social screening on their own, there are likely to be fewer checks and balances and a much greater
risk of discrimination using legally-indefensible criteria and inaccurate/unverified information.
Background screening companies offer disciplined, systematic processes that insulate employers and
produce relevant, verified results. In addition, from the candidate’s perspective, the process is
transparent, with built-in accountability and the ability to address negative results.
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Even if a third party is not used, employers should consider duplicating as many of the FCRA-required
steps as possible, including providing candidates with advance notice and having them formally agree
to have their public activity searched, and employing notification and dispute resolution processes.
Social screening should not be conducted by a hiring manager or someone involved in making the
final decision. Instead, an independent group should conduct the searches and evaluate the results,
redacting all irrelevant information before sharing them with decision makers. The searches should
focus ONLY on publicly available information.
Finally, since they are a significant source of vulnerability, organizations must make sure that hiring
managers are properly educated and trained about what they can and cannot do when evaluating
and deciding on candidates for specific jobs. Among other things, they should NOT ask candidates for
their login credentials for their social networking accounts or ask them to log in during an interview
and share their activity in person.
Conclusion
The fundamentals of candidate screening haven’t changed in the Digital Era, but the potential risks
and rewards of social screening are game changers. Individuals who misrepresent their qualifications,
say/do things that reflect poor judgment, and engage in dubious and illegal activity are much more
likely to have their poor choices exposed when information about them is shared in cyberspace.
Similarly, employers who have traditionally played fast and loose with the law when screening
candidates now have a greater chance of having their methods be revealed and challenged. Even
employers who don’t intentionally thumb their noses at the law are vulnerable if they don’t develop
defensible processes for leveraging the new technologies.
We’re still in the early phases of determining the proper balance between the rights and
responsibilities of employers and individuals. It's therefore incumbent upon all of us to evaluate the
ramifications of digital technologies in reasoned and reasonable ways to determine where the lines
should be drawn and the best ways to move forward.
Though not everyone will agree with my conservative approach, I think it’s best to err on the side of
caution. Please let me know if I’ve missed or misrepresented something. I welcome other people’s
insights, healthy debate, and questions. The more we talk about these issues, the faster we’ll come
to consensus on a set of best practices that are practical, legally defensible, and ethical. Since I am in
the US and this post is written from the US perspective, I especially welcome input from folks in
other countries.