A Guide for Employers Navigating Privacy, Compliance, and Workplace Risk in 2025

Is social media screening legal?

Yes, social media screening is legal—but only if it’s done in compliance with federal and state laws. Employers must follow guidelines around consent, privacy, and discrimination protections, and more. That means you can’t do it yourself, and you can’t use what you see online to make decisions based on protected characteristics. But when conducted through a compliant third-party provider like Fama, social media background checks are not only legal—they’re a smart way to protect your business from reputational and legal risk.

Is social media screening illegal?

No. Social media screening is not illegal. But the way it’s conducted matters. Doing it yourself can easily cross the  lines. Why? Because you might see protected class information that you’re not legally allowed to consider when making a hiring decision—like a person’s race, religion, sexual orientation, age, disability status, or political views. If that happens, you open yourself up to discrimination lawsuits, especially if the candidate is not hired. The safer option is to work with a third-party screening provider like Fama that redacts protected data and only shows you what’s job-relevant.

Is social media screening an invasion of privacy?

It's not. Employers are allowed to review publicly available online information, just like they’re allowed to conduct criminal background checks—as long as they follow the rules. A compliant social media screen does not require passwords, does not access private profiles, and does not use scraping or hacking tactics. It sticks to public data, gets candidate consent up front, and ensures privacy boundaries are respected. In short: legal, compliant screening isn’t an invasion of privacy. It’s part of modern due diligence and candidate screening.

Can employers legally look at your social media?

Yes—but only if they do so ethically and transparently. Employers cannot ask for login credentials or view private content, and many states prohibit even sending connection requests to access non-public posts. But they can review what’s publicly available if they notify candidates and follow applicable regulations. When this is done through a partner like Fama, employers see only job-relevant risk indicators, such as threats of violence, discriminatory speech, or sexually explicit content—not personal details like religion or family structure.

What is an employer's liability for employee misconduct online?

Employers can be held liable for their employees’ social media misconduct—even if it happens off the clock. Courts have ruled that if online posts or behaviors impact the workplace (such as harassment, threats, or discrimination), the employer may be responsible, especially if they failed to take preventive or corrective action. That’s why organizations must take a proactive approach: implement social media policies, provide training, and use compliant screening solutions to identify risks before they become legal issues.

What is an executive's liability for workplace misconduct online?

In recent court rulings, executives and senior HR leaders have been held personally accountable for workplace misconduct—including incidents stemming from online behavior. For example, CHROs and Chief People Officers may be liable for negligent hiring or failure to prevent foreseeable harm. This is especially true in states like New Mexico and Delaware, where negligence laws are broader. To mitigate this risk, leaders need modern screening tools like Fama that flag misconduct risk signals up front—before those risks turn into lawsuits, reputational fallout, or boardroom accountability.

Is it illegal to not hire someone because of their social media?

It depends. If you disqualify a candidate based on protected characteristics you saw online—such as disability, religion, or sexual orientation—then yes, it may be illegal under federal and state anti-discrimination laws. However, if your decision is based on job-relevant behavior, like a pattern of online harassment or threats, then no, it is not illegal. The key is consistency, documentation, and ensuring that decisions are based only on what matters to the role—not personal beliefs or characteristics.

Can you not hire someone because of their social media?

Yes—as long as it’s for a legitimate, job-related reason. If someone posts hate speech, issues threats, shares confidential company data, or demonstrates bigoted behavior online, employers have a right to consider that during the hiring process as well as during the employee lifecycle. But if a decision is influenced by irrelevant or protected information (like political opinions, cultural practices, or appearance), it could cross legal lines. That’s why third-party providers like Fama are essential—we ensure what you see is filtered, consistent, and compliant.

The Bottom Line

Social media screening is legal, ethical, and increasingly expected in today’s digital-first hiring landscape. But only when it’s done right.

Fama’s Behavior Intelligence helps companies compliantly uncover risks like online threats, hate speech, and harassment—without exposing teams to protected class information. We combine AI with human review to deliver accurate, fair, and fully documented insights. The result? Safer workplaces, stronger hires, and better decisions.

Fama helps you stay compliant with:

• FCRA (Fair Credit Reporting Act)
• EEOC (Equal Employment Opportunity Commission)
• State privacy laws like CCPA and social media access restrictions

Protect your brand. Reduce liability. Hire with confidence.
Request a demo of Fama’s compliant social media screening solution.

Frequently Asked Questions 

Q: What laws govern social media screening in the U.S.?

A: The Fair Credit Reporting Act (FCRA), state privacy laws like the CCPA, and EEOC guidelines all apply. Social media screening is legal when conducted by a third-party provider with candidate consent, filtered reports, and no access to protected class information.

Q: What laws govern social media screening in Canada?

A: Yes—with important conditions. In Canada, privacy laws like PIPEDA apply, meaning candidates must give informed consent and only publicly available, relevant data can be considered.

Q: What laws govern social media screening in Europe?

A: Yes—with important conditions. In the UK and EU, employers must comply with GDPR, which requires transparency, legal basis for processing, and data minimization.

Q: What laws govern social media screening in the EMEA?

A: Yes! Social media screening is growing rapidly in India and other Asian countries. 

Q: Can employers be held liable for an employee’s online misconduct?

A: Yes. If employee behavior on social media creates a hostile work environment or violates harassment policies—even outside work hours—courts may hold employers or executives liable, especially if misconduct was foreseeable.

Q: What does a compliant social media screening report include?

A: A compliant report flags job-relevant, adverse content such as threats, hate speech, or harassment, while redacting protected class data. Vendors like Fama use AI + human review to ensure accuracy, compliance, and fairness.

Q: Is it ethical to screen candidates’ social media?

A: Yes—when done transparently and responsibly. Candidates have control over public content. Ethical social media screening focuses only on business-relevant risks and helps employers build safer, more inclusive workplaces.

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