{"id":395172,"date":"2026-04-14T12:22:53","date_gmt":"2026-04-14T17:22:53","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=395172"},"modified":"2026-04-14T04:44:00","modified_gmt":"2026-04-14T09:44:00","slug":"social-media-screening-by-employers-whats-legal-whats-risky","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/social-media-screening-by-employers-whats-legal-whats-risky.html","title":{"rendered":"Social Media Screening by Employers: What’s Legal, What’s Risky"},"content":{"rendered":"\n
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Social Media Screening by Employers: What's Legal, What's Risky<\/h1>\n\n
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\n By Catherine Hodder, Esq.<\/a> | Legally reviewed by Bridget Molitor, JD<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Social media screening is a process where employers screen candidates\u2019 or employees\u2019 online activity to identify job-relevant red flags or professional qualifications. Employers must know the legal risks and laws about conducting social media background checks such as the Fair Credit Reporting Act and anti-discrimination laws.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

With today\u2019s technology, employers increasingly are using social media to learn more about job applicants<\/span> and employees. However, social media screening<\/span> also poses legal concerns, especially around privacy, discrimination, and compliance with federal laws like the Fair Credit Reporting Act<\/span> (FCRA<\/span>).<\/em><\/p>\n

Why Would an Employer Look at an Employee or Applicant\u2019s Social Media<\/span>?<\/h2>\n

An employer may want to conduct a social media <\/span>background check<\/span> to identify job-relevant<\/span> red flags<\/span> or positive indicators before hiring an applicant or during employment.<\/p>\n

Looking at an Employee\u2019s Social Media Profiles<\/span><\/strong><\/p>\n

An employer may want to assess if an employee is broadcasting company secrets, harassing coworkers, or posting negative comments that may damage the company\u2019s brand. They may want to assess the potential risks<\/span> of the employee\u2019s behavior to their company.<\/p>\n

Looking at a Candidate\u2019s <\/span>Social Media Profiles<\/span><\/strong><\/p>\n

An employer may legitimately look at an applicant\u2019s <\/span>social media<\/span> activity<\/span> to see if they are qualified for the role. For example, they might compare an applicant\u2019s LinkedIn<\/span> profile with their resume to look for inconsistencies or exaggerations.<\/p>\n

As part of the hiring process<\/span>, an employer may also want to make sure an applicant is an appropriate cultural fit<\/span> who matches their values. For example, an employer might not want to hire someone who posts about heavy drinking or drug use, posts inappropriate photos, engages in hate speech, or badmouths former employers.<\/p>\n

However, employers must be careful as there are some legal risks<\/span> with this activity.<\/p>\n

When Can Social Media Screening<\/span> Get an Employer in Trouble?<\/h2>\n

There are two common areas where an employer can run into legal problems when using social media screening<\/span> as part of the hiring process<\/span>: 1) when they use it to make discriminatory decisions, and 2) when they fail to get written consent<\/span> for it during background checks<\/span>.<\/p>\n

For a Discriminatory Purpose<\/h3>\n

Under EEOC<\/span> rules, an employer is prohibited from making employment decisions<\/span> based on protected characteristics<\/span> such as:<\/p>\n