The Federal Trade Commission (FTC) recently gave an official thumbs up for the use of Internet background checks on job applicants from search engines and social media sites such as Facebook, Twitter and LinkedIn.
However, conducting Internet background checks comes with some risks. Employers and service providers utilizing Internet background checks must comply with the Fair Credit Reporting Act (FCRA), which is charged with regulating the use of consumer information.
To make sure you are complying with FCRA regulation and to minimize the risk that come with using the Internet for conducting background checks, consider the following steps:
- Consult with a reputable human resource professional and/or attorney to develop a written policy and fair, non-discriminatory procedures designed to locate information that is a valid predictor of job performance. Employers should focus on objective criteria.
- Consider the use of Internet material later in the hiring process to avoid suggestions or claims that the information was used to discriminate. A more conservative approach would be to use the Internet only after a conditional job offer has been made.
- Take steps to ensure that the information uncovered online does not adversely impact persons in a protected class based on prohibited criteria such as: race, creed, color, nationality or age (40+). All of these and other protected criteria of applicants may be revealed inadvertently by an Internet search.
- Avoid accessing information protected by state law that is considered legal “off duty” conduct. Many states have specific statutes that protect applicants and employees who engage in certain lawful activities, such as tobacco and lawful product use.
- Request job applicants to complete a consent form to enhance your legal protection, and perform the Internet search only after a job offer is made, contingent upon completion of a background check that is satisfactory to the employer.
- Take steps to have a written policy in place. For employers who recruit at colleges, there is a growing trend to require employers to notify students in advance as to their policy for searching the Internet for an applicant’s online identity.
- Avoid use of any fake identities or engage in “pretexting” to gain access to online information. For instance, a recruiter should not be tempted to use a co-worker, friend or family member’s Facebook account to gain access to information about a job applicant.
- Access and use only relevant and permissible information for making employment decisions. When using in-house staff to conduct Internet searches, ensure they are trained in the non-discriminatory use of online information, knowledge of the job description, and use of objective methods that are the same for all job candidates for each type of position.
Employment background screening reports can include information from a variety of sources: credit reports, past employment and salary history from employers, federal and county court records – and these days, even social media.
But regardless of the type of information contained in a report you use when making hiring decisions, the rules remain the same. Companies that provide reports to employers, and the employers using those reports must comply with the Fair Credit Reporting Act.
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