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Know the legal risks of social media background checks

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in Centerpiece,Employment Background Check,Human Resources

by Albert Llosas Barrueco, Esq., and Jennifer Kutsunai, Pepper Hamilton LLP

social media and magnifying glassNo employer wants its employee’s bad behavior at work to become the next viral video. So it is not surprising that more employers have started using social media in the hiring process, to screen out candidates who post inappropriate photos or remarks to Facebook, Twitter and other social media sites.

Some employers also use social media to verify applicants’ credentials, see their professional networks or just get a feel for their personalities.

Social media background checks are legal if done properly, but it is important for employers to be aware of the legal risks.

Discrimination claims

Federal and state laws prohibit em­­ployers from discriminating based on race, color, religion, sex, national origin, disability and other protected characteristics. Looking at an applicant’s social media presence may reveal information related to protected charact...(register to read more)

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