Are social media checks unfair? Only if you do them wrong

In today’s hyper-connected world, social media has become an integral part of people’s lives. For employers, these online footprints can offer insights into a candidate's personality, professionalism, and potential cultural fit. However, navigating social media background checks is a delicate process. Here’s how companies can conduct social media checks responsibly — and why it’s increasingly important they do.

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The case for social media screening

A social media background check — also known as an adverse media check — could reveal behaviour that may be inconsistent with company values, such as discriminatory remarks, harassment, or illegal activities. Catching these red flags early could help prevent reputational damage and protect a company’s working culture — if someone has particular views as revealed by a social media check that could threaten workplace harmony and safety.

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This could also have a knock-on effect in terms of customer and client relations. For example, if an employee’s social media posts contain controversial content, a company may face questions about why they failed to perform due diligence during the hiring process. A customer or client may doubt the company’s judgement for not carrying out a social media check beforehand — which could cost a company not only financially, but reputationally, as people in similar industries talk!

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An example of a close-knit industry is the fitness industry, with one of the biggest fitness trends being CrossFit. The company itself is a global brand with a huge market and big reputation in the industry. This is why in 2018, after a series of homophobic tweets by CrossFit’s Chief Knowledge Officer Russell Berger, the company suffered reputational damage. Not only was an employee expressing anti-LGBTQ sentiments online, but it was someone in the executive suite. Many affiliated gyms distanced themselves from the brand immediately and the brand suffered reputational damage among its core audience — young, socially-conscious gym-goers. There were also concerns that, due to Berger being a public, high-up executive, CrossFit itself also held homophobic beliefs. To limit the damage, Berger was fired within hours, and CrossFit had to reiterate its commitment to diversity and inclusion. However, for many, the damage was already done. The incident raised questions about CrossFit’s oversight — how did they hire someone with such views into such a high position? A pre-employment social media screening could’ve saved them a lot of money and damage — it probably wasn’t the first time Berger had been homophobic on social media. An adverse media check could’ve predicted his behaviour based on previous social media posts.

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Risks of not conducting a social media check

• Bad hires
  Employers could face backlash if they hire someone whose social media activity and posts cause harm to those around them within the workplace when a pre-employment social media screening could’ve prevented any damage in the first place.
• Damage to brand reputation and loss of trust in company
  Inappropriate online activity from employees can go viral, directly impacting customer perception and investor confidence.
• Company culture conflicts
  Hiring someone whose public views or behaviour clash with company values can create workplace tension, reduce morale, and increase turnover.
  
  

How to conduct a social media check fairly

Establish a clear policy first

Create a formal policy that outlines when and how social media checks will be conducted, including any reporting software you may use — full training should be given so that both HR and other employees understand just how the screening will be conducted. It’s also important to inform employees about what social media profiles and platforms will be checked and the sort of content that would be deemed inappropriate. Informing employees before conducting a social media check may actually give them the chance to audit their profiles in advance to remove anything that may be a source of conflict, saving the company the hassle of having to have a difficult conversation with an individual — or worse.

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Get consent

A clear and open policy is one thing, consent is another. While not legally required in all jurisdictions, it's always better to inform employees that their public social media may be reviewed. When hiring a candidate, it’s always best to inform them that a social media check will be done ahead of confirming their offer of employment and contract. This works both ways — not only does it protect the employer, but it also gives employees and potential hires a chance to clean up their profiles beforehand to ensure they continue or gain employment.

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Don’t overstep the mark

It’s crucial to strike a balance between a healthy, informative social media check and an invasive one that delves far too deep into an employee’s personal life; after all, people should feel free to be themselves outside of work. It’s important that HR and Talent teams are well trained so they know what they should be looking for and what is a potential infringement on an individual’s privacy.

Social media background checks can be a valuable tool for identifying potential risks and verifying cultural fit, but they come with serious ethical and legal responsibilities. Companies that handle this process with transparency, fairness, and respect for privacy — not only protect themselves but also demonstrate a commitment to integrity in hiring. By developing a well thought out, compliant process for social media screening, employers can gain useful insights without compromising employees’ rights or exposing themselves to liability.

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Download the guide

A Practical Guide to Social Media Checks for Employers

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This resource offers practical clarity:

• What social media checks can legally and ethically include
• What actually shows up in a structured report — and how to interpret it
• How to screen without bias or exposure to protected characteristics
• The implementation steps many companies overlook
• Real-world examples of incidents that could have been avoided
  
  

Built for HR, compliance, and hiring teams that want to get this right — every time.

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