A report entitled Background Screening Trends & Best Practices Report 2015, surveyed over 1400 companies and found that while 95 percent conduct criminal background checks on potential employees, a substantial number perform Social Security or identity checks and verify whether candidates are eligible to work in the United States.

While not illegal, there are dangers associated with the use of social media as a hiring tool. A number of states have enacted legislation placing privacy restrictions on the use of social media information and some limit employers’ use of social media. It would clearly be improper to use it to learn personal information such as religion, race, etc. to impact employment decisions.

While most experts recommend steering clear of social media as a hiring tool, here are some cautionary considerations for those who do use it:

• retain outside counsel to do the research with the understanding that the only information conveyed to in-house personnel will be that which is legally proper to consider;
• create written guidelines specifying the limits on social media use in the hiring forum (this might include limiting its use for those positions which present the face of the company).

Please feel free to contact us for questions or suggestions as to proper practices in this area.