Hiring today almost always comes with a tempting question: Should we look at a candidate’s online presence? Social media, Google searches, and professional platforms can offer insight—but they can also expose employers to serious legal risk if handled incorrectly. The answer isn’t a simple yes or no. It’s yes, with guardrails.

First, it’s important to distinguish between publicly available information and information that requires authorization. Employers may review publicly accessible professional content (such as LinkedIn) without consent, but accessing private accounts, requesting passwords, or using third parties for background-style social media screening often triggers legal requirements. When in doubt, authorization protects both the employer and the candidate.

Second, social media reviews easily expose protected information—race, religion, disability, pregnancy, national origin, sexual orientation, or political views. Once seen, that information can’t be “unseen,” and it may later be alleged that it influenced a hiring decision. This is why consistency and documentation matter. HR should never conduct casual or selective searches based on curiosity or “gut feelings.”

When Is Applicant Authorization Required?

Authorization is generally required when:

• A third-party conducts social media screening (FCRA applies)
• Information is gathered beyond publicly available content
• Reports are created or shared internally
• Social media checks resemble background checks

Do’s and Don’ts for HR

DO:

• Apply the practice consistently to all candidates for the same role
• Limit reviews to job-related, business-relevant information
• Use HR or a neutral reviewer—not hiring managers
• Document what was reviewed and why it mattered

DON’T:

• Ask for usernames or passwords
• Review private or restricted accounts
• Base decisions on protected characteristics
• Conduct informal or selective searches

Today, this practice is common—but not universal. Studies show that approximately 70% of recruiters review candidates’ social media or online presence at some point in the hiring process. That number alone makes it critical for HR to lead this process thoughtfully, legally, and ethically. When HR sets the rules, organizations reduce risk while still making informed hiring decisions.

Examining a candidate’s online presence isn’t prohibited—but doing it carelessly can create more problems than it solves. Smart HR professionals know the difference between due diligence and liability.

Elga Lejarza

Founder & CEO

HRTrainingClasses.com

HR.Community