When it comes to hiring, employers want the clearest possible picture of who they’re bringing into the workplace.
Résumés, interviews, and references only go so far, which is why background checks remain a cornerstone of the hiring process. Increasingly, employers are turning to social media background checks as part of their hiring and screening strategies.
Social media screenings offer unique insights that traditional checks cannot provide—but they must be done carefully.
Missteps can lead to privacy violations, bias in decision-making, or even legal exposure. For employers considering this practice, understanding both the value and the compliance requirements of searching social media is essential.
Social media has become a digital extension of our lives. Public posts, comments, photos, and professional updates often reveal aspects of a candidate that may not be captured on paper. When conducted responsibly, social media checks can help employers:
In short, searching for social media profiles can provide a more complete, real-world view of a candidate.
When included as part of the background check, social media screenings are conducted by reviewing a candidate’s publicly available digital footprints across platforms such as:
A social media background search reviews only publicly available content. The process focuses on highlighting information relevant to workplace performance or potential risks; while filtering out details related to protected characteristics such as age, race, religion, or family status.
The results are typically compiled into a report for the employer. Examples of flagged categories may include:
This structured approach enables employers to access insights without manually searching candidates’ profiles, a practice that can easily lead to inconsistency or bias.
While the potential benefits of social media checks for employers are clear, one must tread carefully. There are significant legal and ethical considerations to keep in mind:
Not all online information is fair game. Attempting to access private accounts, requiring candidates to disclose passwords, or “friending” candidates to view restricted content can cross serious legal and ethical lines. Employers should only review content that is already publicly available. Because privacy regulations can vary significantly from state to state, it’s also essential to consult with local legal counsel to ensure that your social media screening practices comply with applicable state privacy laws.
When employers conduct searches internally, they may inadvertently view information tied to protected characteristics such as race, religion, gender, disability, or political affiliation. Even if this information does not consciously influence the decision, its very presence can create the perception of bias, leading to discrimination claims.
If social media searches are conducted as part of a formal background check, the Fair Credit Reporting Act (FCRA) applies. This means:
Failing to comply with FCRA guidelines can expose companies to lawsuits and penalties.
Employers must apply social media screening equally across all candidates for the same role. Selectively searching some applicants while skipping others increases the risk of discriminatory practices.
To maximize the value of social media checks while minimizing risk, employers should follow these best practices:
Pre-employment social media screening can be a powerful addition to hiring toolboxes. They help employers go beyond the résumé to identify risks, reinforce cultural alignment, and protect their organizations. But with this power comes responsibility.
Employers must balance the value of these insights with respect for candidate privacy and compliance with regulations like the FCRA. The safest path forward is partnering with a certified, accredited background screening provider that can deliver structured, unbiased, and legally compliant social media reports.
By incorporating social media checks into pre-employment background checks, employers gain greater confidence in their hiring decisions while maintaining fairness and trust with candidates.
SRA Screening offers social media screening services, helping employers choose the right candidate for their organization while remaining compliant with legal procedures. Consult today to learn more about our social media searches and employee background checks, and how they can benefit you.
Yes, social media searches are legal as long as they are conducted on publicly available information and follow federal and state employment laws. Employers must also comply with the Fair Credit Reporting Act (FCRA) if social media screening is part of the employment background check process. Consulting with legal counsel is recommended, as state privacy laws can vary.
If social media screening for employment is conducted as part of a background check, written consent is required under the FCRA. Transparency not only keeps you compliant but also builds trust with candidates.
Only job-relevant, publicly available content should be reviewed. This might include evidence of harassment, threats, or illegal activity. Protected-class information such as age, race, religion, or political views should never factor into hiring decisions.
While some employers try to do this internally, it carries significant risks, including unconscious bias and inconsistent application. Structured and compliant social media checks are essential to avoid discrimination claims or privacy violations.
No. Social media checks are most effective when used as a supplement to traditional screenings such as criminal history, employment verification, and education checks, as they can provide valuable additional insights.
DISCLAIMER: This blog post is for informational purposes only and is not legal advice. Please consult a qualified professional before making any decisions.
The FCRA is enforced federally, but states may also implement it and have their own consumer reporting laws. You may have additional rights under state law. For more information, contact your state or local consumer protection agency or your state attorney general.
When an employee in a safety-sensitive role violates drug or alcohol regulations,
When an employee in a safety-sensitive role violates drug or alcohol regulations,
Get updates, exclusive offers, and insights straight to your inbox.
Key Resource Hub
Your Questions Answered
Editorial team insights