2. W. Barry Nixon, SPHR
• COO, PreemploymentDirectory.com, the most
comprehensive directory of background screening firms
online.
• Co-Author, Background Screening & Investigations:
Managing Hiring Risk from a HR and Security Perspective
• Author, Comprehensive Guide for Selecting a Background
Screening Firm
• Publisher, Annual Background Screening Industry Buyers
Guide and The Background Buzz, the leading publication
for professional background screeners
• Contact Information: wbnixon@aol.com or Telephone –
(949)770-5264
3. The Social Media Train Has Left The Station
• The number of adults 25 and older using Social
Network sites is growing faster than teenage and
college students.
• The amount of Facebook users has increased from 10
million, to upwards of 500 million.
• In March 2011 LinkedIn announced that it now has
100 million users. and there is no turning back the
clock at this point.
4. Les Rosen, CEO, Employment Screen Resources,' a leading
background screening expert, there's no hotter trend in
background screening than social media. "Through social media,
for the first time perhaps in human history, employers are able to
literally look inside someone's head. It's a real treasure trove of
information."
5. A Chance to Look Behind the Interview Mask
• Social networks offer an intimate glimpse into peoples’ lives –
what they are thinking, their personal views and how they
behave – through their own writings and pictures.
• Businesses have an opportunity for an unprecedented look
into the life of applicants.
• Businesses have the chance to gain valuable insights regarding
who an applicant really is beyond their well-prepared
interview mask.
6. Why Employers Rejected Certain Job Applicants
From Information Found Online
• Candidate posted provocative or inappropriate
photographs or information
• Candidate posted content about them drinking or
using drugs
• Candidate bad-mouthed their previous
employer, co-workers or clients
• Candidate showed poor communication
skills
• Candidate made discriminatory comments
• Candidate lied about qualifications
• Candidate shared confidential information from
previous employer
CareerBuilder.com (2010) disclosed the following reasons
7. More Firms Are Using Social Media
for Screening Candidates
• 76% of companies are using or plan to use social media sites
for recruiting [or screening] in 2011 (SHRM)
• ExecuNet surveyed 100 executive recruiters and found that
77% regularly use search engines during the screening process
and 35% have eliminated job candidates based on information
found on the Internet (Peluchette and Karl, 2010)
8. The Ghost Protocol
• Social media background checks have been
conducted under the radar of most
organizations.
• Vast numbers of Hiring managers are, at
minimum, doing searches on Google of
applicants and candidates. Its to simple for
them to not do it.
10. Social Media Tools
Come With Some Challenges
1. Information considered during the selection process should be relevant
to evaluating the applicant’s potential to perform the job and free of
discriminatory information.
2. The validity of the information posted, meaning was it posted by the
applicant or someone else? Were the statements viewed actually made
by the applicant or someone else.
3. Violation of the applicant’s privacy rights.
4. The requirement to follow the principles of the Fair Credit Report Act
(FCRA) which basically include getting permission, giving notice,
providing transparency of the information obtained, advising the
applicant if an adverse action has resulted from the employment
screening process and providing an appeal process that allows the
challenging of inaccurate information.
11. Risky Business
“Employers often don't realize that the information they're
gathering may not only be completely inaccurate, but also legally
risky . . . to use as a consideration in employment decisions."
Kevin Connell, CEO and founder of AccuScreen.com
(http://www.accuscreen.com/).
12. To Search Social Network or Not?
? ?? ? ? ? ? ? ? ? ? ?
We believe the question has changed from ‘should you
use social network to screening applicants’ to ‘how
should you use social networks to screen applicants in a
professional and legal manner?’
13. Damned If You Do, Damned If You Don’t
• Les Rosen, Employment Screening Resources makes an interesting
observation in the article Social Media Background Checks
Conducted by Consumer Reporting Agencies Subject to Same Fair
Credit Reporting Act Rules, : failure to review such sites [social
networks] could be evidence of negligent hiring if such a review
could have revealed negative information relevant to the
employment decision, and the employer is later sued for the acts of
the employee.
Lester Rosen, Attorney and CEO of Employment Screening Resources (ESR) & Thomas Ahearn, ESR News Editor
14. Create a Firewall Between Hiring Manager
and Social Media Information
• The person conducting the research should have clear
guidelines about what information is relevant to the job
opening.
• Any potentially relevant information should be shared with a
neutral member of management who can assess the
information fairly without risking prejudicing the hiring
manager prematurely. (This reviewing authority might be a
senior member of HR, Security, Risk Management, Legal, or
perhaps even someone in the chain of command above the
hiring manager. )
• Could use third party background screening firm whom you
have provided explicit guidance regarding should and should
not be reported.
Mike Coffey, HRM Today
15. Using a Background Screening Firm
1. Clearly identify the information you are seeking
and be absolutely certain that the information
sought does not violate any civil rights,
discrimination or privacy laws.
2. Be very clear to advise the screening firm to only
report legally permissible information for use in
a hiring decision. It is your job to define this
information. Don’t assume they know because
should something go wrong you are still
potentially liable.
16. Using a Background Screening Firm
3. Start with the understanding that the Federal Trade Commission
has ruled that searches of social media for employment purposes
are considered to be a consumer report. This means the FCRA
must be followed.
A. This starts with getting the applicants’ permission by having them sign an
‘Acknowledgement and Consent Form’ authorizing the client and their
agent to conduct a background check.
B. Spell out in unambiguous language that the background check will
include a search of social networks for relevant information pertaining to
their fit with the organization’s culture and their possession of the skills,
knowledge and behaviors appropriate to succeed in the job.
17. Using a Background Screening Firm
C. Provide a copy of any information of concern with the
applicant and give the applicant the opportunity to
challenge the accuracy of the information (just as they can
with a other background checking information).
18. Take Extra Steps in Giving Advance Notice
Notify applicants ahead of time regarding your policy
and practice to search the Internet and use social
networks on your company intranet job board, with job
postings (internal and external) and/or with notification
of interview. Remove all possibilities of surprises and
eliminate any expectation of privacy.
19. Using a Background Screening Firm
4. Require the screening firm to validate that information
found online is about and was generated by that person. If
there is doubt tell them not to report it or dig deeper for an
identity match.
Commit the extent of validation that you want performed to writing
to ensure that you and your screening firm are on the same page
using non ambiguous language.
For example, you may want to require the screening firm to have a
live person to double check any negative results to ensure an identity
match and document the follow up back up validation process.
“You want to do all you can to avoid an Oops!”
20. CRAs Need To Have “Reasonable Procedures
To Assure Maximum Possible Accuracy.”
• How does a background screening firm or CRA determine if
the information found on the Internet about job applicants is
authentic – in other words, true?
• How does a background screening firm or CRA know what
information actually was posted by the applicant?
• If a social media site contains negative information, how will
the screening firm go about verifying that it is authentic and
belongs to the applicant?
FCRA section 607(b)
21. Some New Suspects
• Online Identity Theft - false postings under another person’s
name on the Internet.
• Cyber Slamming -negative information posted anonymously
online.
• Fake Websites - that do not belong to the supposed owners
and people commit defamation without anyone knowing their
real identity.
• Computer twins - most people have people with the exact
same names online.
Social Media Background Checks Conducted by Consumer Reporting Agencies Subject to Same
Fair Credit Reporting Act Rules, By Lester Rosen& Thomas Ahearn, ESR News Editor
22. Using a Background Screening Firm
5. Only use public profiles that are available. Under no
circumstance should you use ‘old school spy tactics’
such as social engineering, hacking into accounts,
‘friending’ people on Facebook or other subterfuge
or deceptive techniques.
Do not ask for an applicant’s password.
23. Using a Background Screening Firm
6. Create a background checking policy that addresses fair and
uniform guidelines for conducting online searches.
Some of the items that a policy should cover include:
• Pre define the types of information you want screening for and the
criteria to be used for screening. (Remember you are looking for
relevant, work related information only.)
• You probably need to know about threats of violence, hate
messages against minorities or ethnic groups, a pattern of
disparaging comments about previous employers, or misleading
information about their college degree.
• Define the scope of such searches.
• The policy should also address the point in the hiring process when
the screening will take place.
• Identify the sites that will be search.
24. Later is Better
• As a general rule, the later in the hiring process social media
searches are used, the less open an employer may be to
suggestions that matters viewed on the Internet were used in
a discriminatory fashion.
• The most conservative approach is to not use the Internet for
a social media search until AFTER there has been a conditional
job offer.
Social Media Background Checks Conducted by Consumer Reporting Agencies Subject to Same
Fair Credit Reporting Act Rules, By Lester Rosen& Thomas Ahearn, ESR News Editor
25. Using a Background Screening Firm
7. Screen the same sites for everyone and maintain
the list of sites you screen – determine which
sites you think are the most relevant to look at
and don’t alter the list just because of the
candidate.
(In other words – if you feel like Facebook is really a
social environment without much relevant job
information – don’t suddenly search it for the candidate
that has a weird tattoo.)
26. Using a Background Screening Firm
8. Keep detailed documentation and adhere to
e-discovery requirements.
27. Off Duty Behavior
• Employers need to be concerned if
information found on the Internet violates
state laws concerning legal “off duty” conduct.
28. Advance Notification
Notify applicants ahead of time regarding your
policy and practice to search the Internet and
use social networks. Remove all possibilities of
surprises and eliminate any expectation of
privacy.
29. Take an Extra Step
As a final protection, an employer may consider having the in-
house or external reviewer contact the applicant with any
potential negative information found online before it is passed
along to the decision maker. This will allow the applicant the
opportunity to dispute the accuracy, authenticity or applicability
of the information without muddying up the waters.
Social Media Background Checks Conducted by Consumer Reporting Agencies Subject to Same Fair Credit
Reporting Act Rules, By Lester Rosen& Thomas Ahearn, ESR News Editor
30. Social Networks Are Here To Stay
• The temptation for hiring professionals and
managers to use social network information to help
make good hiring decisions is huge and essentially
unavoidable.
• Prepare for the inevitable by implementing a sound
background screening policy and practices to address
social network checks.
• And, realize more social networks are coming.
31. Resource Center
• W. Barry Nixon – wbnixon@aol.com
• ‘Online Social Media Employment Screening Comes of
Age,’ PI Magazine, October 2011 Edition;
www.PIMagazine.com
• Background Screening & Investigations: Managing Hiring
Risk from a HR and Security Perspective, Available at
Amazon.com
• PreemploymentDirectory.com
Background Screening Firms:
AcccuScreen HireRight
Corporate Screening OpenOnline
Employment Background Screening Pinkerton Screening Services
