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Doing Background Checks Right (Part Three)

When talking about background checks in the first two parts of this series, we focused our attention on “consumer” or “investigative” reports an employer might obtain from a third-party company that specializes in doing background checks. This is because few human resources departments have the time or personnel resources to devote to checking court records in every jurisdiction where an applicant may have lived.

Many employers, however, do conduct their own “social media” background checks when vetting new applicants. Often, an employer can glean useful information from such searches: Does the applicant’s LinkedIn page list any jobs that the candidate “forgot” to list on his job application? Are there any Facebook posts that demonstrate poor judgment or racist or sexist views that could prove problematic in the future?

However, if you are going to conduct your own “social media” background checks, you may want to watch the video that I posted in this blog a couple of years ago, where I discussed the safeguards that employers should take when reviewing an applicant’s social media postings.

This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.