SHRM advises that "employers should keep in mind that background-screening companies that use social media sites are subject to the provisions of the Fair Credit Reporting Act, under which applicants must give permission for pre-employment investigations. Another risk to employers is that they could be sued for negligent hiring for not using information available on the Internet that might have foreshadowed bad behavior by an employee. However, legal experts say they are aware of no significant cases of this type against employers to date."
With advertising and using social media to source candidates in particular, the problem arises in the fact that certain classes of minorities are not widely represented. For example, compared to the general population, there are significantly lower percentages of African-American and Latino users on social media sites. "That puts the burden on employers to widen their job searches through other means, such as job boards, newspapers, magazines and job fairs." Posting on your organization's careers page or at the bottom of job ads that you are an "Equal Opportunity Employer" is not enough.