Facebook, YouTube, WhatsApp, Instagram, TikTok, Twitter, LinkedIn, Snapchat, Pinterest — this list represents a small fraction of the number of social media channels available for people to share content, personal stories, photos, opinions, feedback and much more. As of now, 3.96 billion people are using social media worldwide, with the average person having 8.6 social media accounts, according to BacklinkoOpens a new window . So how does this volume of online socializing play into the workforce?
Employers Are Paying Attention
A survey conducted by CareerBuilderOpens a new window in 2018 already showed that 70% of employers were using social networking sites to research and evaluate potential candidates, and more than half of employers found content on social media that led to the decision not to extend a job offer to a candidate. Types of undesirable content that ruled out candidates included inappropriate photos/videos, indications of excessive levels of drinking or drug use, inflammatory commentary related to race, religion, gender, criminal activity, and more. The survey went on to show that at the time, 48% of employers viewed their current employees’ social media activity. Further, one-third of employers had reprimanded or fired an employee based on disparaging content found online, indicating that social monitoring plays a major role in how an employee is viewed and does not stop once the hiring process is complete.Â
Social media screening of candidates by potential employers is no longer uncommon. Rather, this type of research helps provide employers with insight into a candidate’s behavior that may not be evident on a resume or interview. The information a potential employee shares online can provide information about who they are and if their behavior is aligned with the company. Additionally, social media screening can help companies protect their reputation, allowing organizations to minimize risk from candidates with potentially damaging postings that could negatively impact their corporate image.
Following the Laws
Knowing that social media can provide employers insight into a candidate’s behavior, it is imperative for employers to fully understand and stay on top of the privacy laws surrounding social media as these laws continue to evolve. In 2012, in response to employers and colleges/universities requiring students to provide login access to personal accounts, state lawmakers began introducing legislation that would prevent such requests. As of now, twenty-six states have enacted laws that apply to employers. In 2016, the Uniform Law Commission formally adopted the Uniform Employee and Student Online Privacy Protection ActOpens a new window (UESOPPA), which addresses both employers’ and educational institution’s access to employees’ and students’ social media and other online accounts, allowing employees and students to maintain privacy and control of the access to their personal online accounts. As our lives become more and more visible online, privacy laws continue to develop. It is critical for employers to maintain an up-to-date understanding of what is within their rights and the rights of their employees.
Another key legal factor for employers to remember is the use of extreme caution when evaluating a candidate based on the results of social media searches. Much of what can be found on personal profiles has the potential to lead to unlawful discrimination in the hiring process, whether intentionally or unintentionally. Under the laws enforced by EEOCOpens a new window , it is illegal to discriminate against an applicant or employee because of that person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. Most of these details are readily available on a candidate or employee’s personal social profiles, making it hard not to take notice of these demographic indicators; however, under no circumstance can these factors be allowed to influence hiring decisions.Â
See More: How to Prepare Your HR Department for New Legislation (CCPA & SHIELD)
Social Screening Strategy
Recognizing the delicate nature of social media screening, how can employers use this information? You may want to consider the following best practices with input and review from your legal counsel:
- Before conducting searches, develop clear documentation outlining your social media screening policy. Present the policy to candidates and employees before conducting the screenings.
- Develop a list of search terms and potential red flags that you’ll use for your search criteria, and document it in your policy.
- Document the sites searched and the methods used for data collection and decision making.
- Consider using a third party that specializes in these screenings and provides you with only the information related to your policy and no other information that could be considered by the EEOC as protected class or discriminatory.
In the end, social media can tell employers who a candidate is and how they choose to represent themselves. Social media screening can protect employers from costly bad hires and potential damage to their reputations. However, you need to stay updated on the evolving state and federal privacy laws and regularly review the policy with your legal counsel.
What steps have you taken to stay compliant with data privacy laws if you do social media screening? Let us know on FacebookOpens a new window , TwitterOpens a new window , and LinkedInOpens a new window .