Social Media for Background Checks: Grounds for Discrimination Claims?

Thanks to the Internet, employers can access private details about many job applicants with just a few computer clicks. Social media alone may provide troves of tidbits depending on a user's privacy settings. Problem? The Equal Employment Opportunity Commission (EEOC) just might litigate.

The use of social media to research and recruit job applicants sends red flags to the EEOC for two reasons. First, it may reveal a person’s race, religion, age or other protected characteristics. Second, because the typical user of social media is more likely to be affluent and young, using these media as recruiting tools could have a “disparate impact” on certain suspect classes, such as racial minorities and people over 40. So what is the answer? Here are a couple of suggestions:

• Have an employee who is not involved in the hiring decision redact social-media information that reveals protected characteristics before sending the information to hiring decision-makers.
• Never rely completely on social-media tools for job recruitment. Instead, draw from a variety of sources so as not to inadvertently exclude certain populations from consideration.

Issues such as “disparate impact” can muddy the waters considerably when avoiding unlawful hiring practices. Employers should train employees involved in hiring decisions on social-media use, recruitment practices and anti-discrimination laws to avoid the ire of the EEOC.

Categories: General Business Compliance, Discrimination & Harassment Compliance
Tags: Preventing Discrimination and Harassment