Now that is a hot-button employment law question these days. The answer, depending on your circumstances, is probably yes but with caveats. First, who should do it? Usually not the person making the hiring decision, but that may not always be practical for small employers.

Limit searches to finalists for a position. Get authorization from the candidates to do the check as part of the application and interview process. Check the major social media sites, and note the jury (and state legislatures, regulators and Congress) is still out on asking applicants for passwords to their accounts. Decide in advance what you are looking for that might lead to a denial of employment. This is still a dicey area, so tread warily and get good legal advice in developing a process for conducting such checks. Some states already prohibit asking for applicants’ and employees’ passwords. Discrimination theories abound. Source: Howe & Hutton Report, July 2012, Volume 2012, Issue 7, www.howehutton.com. CPRS always recommends checking with your agency's legal counsel before proceeding.

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