Employers can Google prospective employees before hiring them. The only caution that the employers need to take into consideration is, as if part of that Googling, they discover some kind of protected category that this prospective employee may fit in.

And then, that employee, that employer ultimately does not hire that employer, they are then at risk of being sued, because the employee believes that the reason they didn’t get hired, was because the employer found out about such a protected category.