Is It Legal to Screen Social Media During Hiring?
Guides 24 October 2022 7 min read

Is It Legal to Screen Social Media During Hiring?

Social media has become an integral part of our daily lives. Between 60 and 90% of hiring managers review candidates' social media profiles.

Social media has become an integral part of our daily lives, to the point where no business can escape the omnipresence of these platforms. Studies reveal that between 60 and 90% of hiring managers review candidates' social media profiles.

Why Conduct Social Media Screening?

This practice is mainly recommended for management positions, public-facing roles, or positions involving confidentiality or sensitivity, where employees embody the company's values.

Legal Limits to Respect

Employers must follow several rules:

  • Only publicly accessible information may be reviewed
  • Accessing private or restricted content requiring approval is prohibited
  • Information found may be inaccurate or outdated
  • Protected grounds cannot influence hiring decisions

Prohibited Grounds of Discrimination

According to the Charter of Rights and Freedoms (C-12) and the Act Respecting the Protection of Personal Information (P-39.1), the following grounds cannot be used:

  • Age
  • Gender identity
  • Pregnancy
  • Sexual orientation
  • Ethnicity
  • Skin color
  • Language
  • Religion
  • Marital status
  • Political beliefs
  • Social condition
  • Disability

Best Practices to Adopt

  • Ensure screening consistency with job requirements
  • Respect privacy boundaries
  • Inform employees of the company's social media policy after hiring
  • Contact pre-employment verification specialists to ensure legal compliance
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