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The practice of performing impromptu background checks online is become more common among hiring managers according to CarreerBuilder. Are they in danger of breaking the law?

About 22% of hiring managers say they look for job candidates’ profiles on social networking sites, according to a recent survey by CareerBuilder. That’s up from 11% who said they did so in 2006.

Also, 9% said they’re probably going to start using the Web to help in hiring decisions.

How are they using the information candidates post? Of the managers who check the sites, 34% said they’d found cause to remove an applicant from consideration. Most of the time, it was because the candidate talked about drinking or using drugs, posted inappropriate pictures or had noticeably poor communication skills.

Among the disqualifying profile content:

• 41% of candidates had information or photos of them drinking or using drugs.
• 40% of the profiles had provocative or inappropriate photographs or text.
• 29% of those profiles revealed the candidate’s poor communication skills.

On the other hand, roughly one quarter of those managers found info that solidified their decision to hire someone, such as background supporting their qualification for the job, creativity, diverse interests and a general professional appearance.

Among the positive content that got candidates noticed:

• 48% of the profiles showed that the candidate had the background that qualified them for the job.
• 36% of the candidate sites conveyed a professional image
• 31% of the profiles had glowing references posted by others
• 24% of the profiles showed great creativity.

Any problems?

Of course, the big question on Workforce Solutions’ HR mind: Are there any legal dangers or other problems to worry about?

There is the possibility of a manager learning about a candidate being in protected class, which could result in a bias claim if the person isn’t hired.

Beyond legal concerns, there’s also the danger of mistaken identity, especially if the candidate has a common name. Also, some argue that what someone posts online won’t necessarily have anything to do with their job performance (even if they were dumb enough to put questionable items online in the first place).

What do you think? Have you as an HR manager ever checked out applicants on the Web? Do you think it’s a good idea, or a terrible one? Let Workforce Solutions know by leaving a comment below.