Screening Job Candidates Online - What recruiters should know 1-9-23Alexey Boldin Shutterstock.com

Screening Job Candidates Online: Risky Business?

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Sponsored by: Fama.io

It’s no secret. On a daily basis, recruiters and hiring managers are screening job candidates online by simply entering their names in search boxes at Google, Facebook, LinkedIn, Twitter and beyond. Experienced professionals know they shouldn’t be doing this, but many do it anyway. Why?

The Slippery Slope of DIY Candidate Screening

Publicly available online information can reveal a lot about potential employees. It gives employers insight into an individual’s hobbies, interests and personality traits. It also shines a light on controversial opinions, political affiliations and protected class information. 

Gaining unrestricted access to a candidate’s public social media profiles may be easy. But instant access isn’t a free pass to engage in unethical or potentially illegal hiring practices.

That’s why it needs to stop. Screening job candidates without permission is an invasion of their privacy rights — especially the right to consent to the search.

Catching Up With the Rules

To be fair, most recruiters and hiring managers don’t fully understand laws involving online background screening. That’s partially due to the relative novelty of this practice, as well as a lack of updated guidance.

But now that online screening has become so widespread, employers need to know how to protect their organization as well as job candidates. That’s why it’s important to understand the Federal Fair Credit Reporting Act (FCRA).

Learning how to comply with these regulations is worth an employer’s effort. Online screening can be a powerful tool to determine an individual’s hireability. And when performed correctly, an online background check is an effective and perfectly legal hiring practice. 

How can you make this process work better for your organization? Let’s look closer at key legal aspects of screening job candidates online. First, I’ll explain how problems tend to arise. Then, I’ll suggest steps for a fully compliant, worry-free screening process. 

Understanding the Controversy

Why exactly is social media screening so controversial? Calling it an invasion of privacy is hard to defend, since many social media profiles are publicly available. Furthermore, applicants freely choose what, when and how they share on their social media profiles.

Much of this information may reflect positively or negatively on a candidate’s ability to perform in a work-related capacity. For example, education, work history, extracurricular activities and hobbies are often prominently featured on social media profiles. And employers typically evaluate this kind of information during the interviewing process, anyway.

However, the issue isn’t about employers using information that would otherwise be discussed during a standard interview. Instead, it’s about access to information that organizations are legally and ethically obligated not to consider.

We’re talking about legally protected categories such as race, ethnicity, gender identity, sexual orientation, disability status or religion. This is where issues arise, because the moment anyone views a social media profile, it may inherently reveal details about protected categories.

How Widespread is This Practice?

In a 2018 CareerBuilder survey, 70% of employers said they regularly review social media profiles as part of the hiring process. Furthermore, 54% acknowledged that they’ve rejected applicants based on a social media review.

However, the survey does not indicate how often social media reviews were being conducted by hiring managers who are legally obligated not to consider protected information. 

When used correctly, online screening can highlight positive work traits like compassion or open-mindedness. But it can also reveal negative traits. For example, what if a candidate threatens others in a post or shares a video while committing a violent act? This kind of behavior isn’t welcome in the workplace and would likely hinder the candidate from performing effectively in any role.

Steps to Achieve Better Outcomes

For a fully compliant screening process, consider these best practices:

1. Clarify the Rules

Defining a clear set of guidelines is essential for all background check methods — including online screening processes. According to leading U.S. employment attorney, Pam Devata, “In general, the same rules apply, whether you are using social media or more traditional methods for conducting background checks.”

In a recent interview, Devata explained, “The keys are consistency, accurate record keeping, ensuring that any data accessed is not legally protected information prohibited from being used in employment decisions, and that any decisions are rooted in business necessity.”

2. Focus on Documentation

Before attempting to navigate the nuances of social media screening, it’s important to establish consistent, generalized hiring practices across the organization. This includes putting a process in place to record and track all pre-employment decisions and FCRA-required disclosures.

Although it can be challenging to document online screening activity, consistent, accurate record-keeping will put your organization in a better position to address any issues that may arise. 

3. Partner with a Specialized Service Provider

One of the easiest ways to address the complexities surrounding online candidate research is to rely on a trusted online background screening partner like Fama.

With a proven, independent team managing the screening process, employers can gather only the information needed to assess an applicant’s job potential, without the risk of revealing protected categories. In fact, the strongest digital screening solutions include compliance filters. This ensures that reports shared with hiring teams focus solely on job-relevant information.

At Fama, we go beyond bare-minimum compliance protections by applying ethical AI and machine-learning technology. Also, a team of skilled humans reviews our screenings to ensure their legitimacy and accuracy. This helps us continuously improve our screening capabilities and our results.

Final Thoughts

No doubt, social media screening is bound to remain a controversial topic. But when you’re not sure about the legal implications, it’s important to avoid the false assumption that it’s safe to assess a candidate’s online presence on your own.

Guaranteed compliance is always possible by working with an objective, third-party screening solution. This means your team will benefit from a fully compliant screening process. And ultimately, it means your organization can focus on finding the best candidate for every job.

social background checks

How Social Background Checks Preserve Work Culture

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Sponsored by: Fama.io

Every employer wants to provide a safe, supportive environment where people can do their best work. That’s a key reason why social background checks have become so popular. But many organizations don’t talk openly about how they make this happen.

I get it. This can be tricky to manage. But workforce wellbeing and your brand reputation are on the line. So, it’s wise to include a strong social media screening solution in your HR toolkit.

What kind of services are leading the way? And what should you consider when seeking a provider you can trust? Join me as I explore these questions on the latest #WorkTrends podcast episode.

 

Meet Our Guest:  Ben Mones

Today, I’m speaking with Ben Mones, Founder and CEO of Fama.io, the world’s largest provider of social background checks, and a leader in applying artificial intelligence technology in workforce screening services. As an expert in this process, Ben is an excellent source of advice for HR practitioners and business leaders.

Linking Culture With Social Background Checks

Ben, welcome! Let’s dive right in. How do you see social background checks tying into the employee experience?

Too often, employers don’t talk about background screening because they think it’s a “dirty” job at the front of the candidate funnel or during the onboarding process.

But that’s not what we do. We look at publicly available online records to detect behavioral patterns associated with intolerance or harassment. We look at things that, if left unchecked, could find their way into a company culture and create some damage.

Remote Work Raises the Stakes

Many of us work virtually now, so the stakes are higher. I mean, how are we getting to know people?

Agree. We often meet our coworkers by friending them on Facebook, following them on Twitter, or exchanging DMs on Instagram. So, if we’re interacting in these digital spaces, the importance of digital identity naturally follows.

Digital Screening Adoption Rate

How many companies are screening candidates or employees?

CareerBuilder and SHRM say 70% of employers perform some sort of social media or online profile check before bringing people on board. For example, they may be Googling someone before hiring them.

Risks of Social Background Checks

Compliance is a big concern with this process. What are the risks?

I think the risks of doing it yourself scare people away.

For example, you could be exposed to things you shouldn’t see. If a recruiter does this internally, they’ll see a person’s gender, ethnicity, pregnancy. You’ll see all these protected classes.

EEO says you can’t unring that bell. You can’t unsee that information. So because bias naturally occurs within all of us, you consider these sorts of things in your hiring process.

Avoiding Compliance Pitfalls

How can employers deal with these risks?

Managing the process through a third party helps squash those risks because you can configure the solution to filter only for job-relevant information.

This means you’re blind to all the protected class information you’d see if you were conducting social background checks on your own.

Key Screening Factors

What core behaviors do you look for in social screening? 

Here’s what we don’t do. We don’t do a yes/no recommendation on a person. Instead, think of flags for things like intolerance, threats, harassment, violence, crime and drugs.

 

For more advice from Ben, listen to the full podcast. And for detailed information about how your organization can benefit from social background screening, visit the Fama.io website, where you’ll find benchmarking reports and other resources for employers.

Also, be sure to subscribe to the #WorkTrends Podcast on Apple Podcasts or Stitcher. And to continue this conversation on social media, follow our #WorkTrends hashtag on Twitter, LinkedIn, and Instagram.

Background Screening – What you Need to Know

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Podcast Sponsored by: Accurate Background

How is background screening impacted in an increasingly remote-first world of work? No doubt, the pandemic has reshaped the workplace. And in many ways, it’s here to stay. A report by Ladders revealed that by the end of this year, 25% of all jobs in North America will be remote. With that in mind, employers need to adapt their background screening practices to the new normal of remote work.

Our Guest: Chief Compliance Officer at Accurate Background

On our latest #WorkTrends podcast, I spoke with an experienced industry professional and SME on background screening, drug testing, and HR Technology from our special guest, Accurate Background. We asked him to tell us the basics every employer needs to know about background checks. He explains:

The best way to open the conversation today is to remind employers that background screening is heavily regulated. We’re talking about federal laws, the Fair Credit Reporting Act, and state laws. These are in addition to the responsibilities that employers have under their federal FCRA and even local laws.

The Range of Background Screening

Both employers and candidates must understand the background screening basics and the different types of background checks.

There’s a wide variety of things that employers utilize throughout the screening process. Criminal history information is one. A subset that we call verifications is another. Verifications range from professional life license verification, employment verification, and education history. And then there are things like drug tests, credit reports, and driving records.

Consent – Yes or No?

Background checks are employers’ principal means of securing information about potential hires from sources other than the applicants themselves. Therefore, we asked if obtaining consent from the candidate is required before conducting a background check.

Oh, it’s required, and it’s required, and it’s required again. So employers, beware. Your disclosure is really a critical piece of the background screening process. If you’re going to do a credit report, tell them you’re doing a credit report. In some states, you also have to tell them why. Criminal history checks, personal or professional reference checks…all need consent.

What if a candidate refuses?

Most employers are conducting background checks contingent on an offer. If the candidate doesn’t want to authorize the background check, they don’t move forward with the process. And employers are well within their rights to leverage that, but they should certainly state it in their policy.

Social Media

Social media sites may seem like easy-to-access information about a potential job candidate. But is it acceptable or ethical for companies to scrutinize social media? What are some of the pitfalls that employers need to avoid?

Employers, hear me now, do not go on Facebook or Instagram or TikTok or even LinkedIn and look at your candidates yourself. That’s a big mistake. You want to engage with a professional organization that is doing this in a manner that is consistent with EEOC guidelines.

A professional social media screen will bring back information about whether or not a person is engaged in activities that could potentially present a risk to the organization. Information to help you make a decision that is ultimately about the true risk to the company and not just a personal opinion or unconscious bias.

The Marijuana Culture Shift

Recent years have seen a significant culture shift in how the use of marijuana is viewed. It’s legal in some states and becoming legal in many others. So what should employers be cautious of here?

There are still federal laws and federal mandates in place for drug testing, where it doesn’t matter what the state law is. Under any law where marijuana is legal, an employer does not have to accommodate use in the workplace. There are a lot of emerging state laws or laws currently in place related to whether or not you can test for marijuana pre-employment. Or whether you can use a positive test result for marijuana in an employment-related decision. But each one of those also has exemptions.

Adapting to the Remote Climate

Background screening shouldn’t take a back seat in this remote work climate. It’s important to understand the risk profile of someone who will be generally unsupervised yet still representing your company.

Take some additional due diligence to ensure that you know who your candidates are, that they’ve done what they say they have done, and that there’s nothing within their risk profile that will be destructive to your company’s reputation.

I hope you found this recent episode of #WorkTrends informative and inspiring. For more information on candidate screening and background check solutions, visit Accurate Background.

And, please mark your calendars! On Wednesday, May 25th from 1:30pm – 2:00pm ET, our #WorkTrends Twitter chat focuses on Background Screening in the Hiring Process, sponsored by Accurate Background.

Subscribe to the #WorkTrends podcast on Apple Podcasts or Stitcher. Be sure to follow our #WorkTrends hashtag on LinkedIn and Facebook, too, for more great conversations!