Tag Archives: interview

Giving up your password when looking for a job?

Should your potential employer require you to give up your password to Twitter? Facebook? LinkedIn? Will your comments, background information, age, nationality, pictures be used against you?

What if the employer does not use that information, but still has access to it?  Would that raise a concern that it was in fact used against a job applicant?  Allowing the requirement of social media passwords bring potential liability issues to employers.

Minnesota Lawyer (subscription required) has a very interesting article.   The Minnesota proposed bill, introduced by Rep. Mary Franson (R-Alexandria) seeks to ban employers from asking job applicants for their social media passwords as part of the job interview.  It is important to note, as stated by the article, that the bill does not discuss already hired employees and the use of employer laptops, computers, smartphones, etc.

Pending legislation in Minnesota includes H.F. 293, H.F. 611, S.F. 484, and S.F. 596.  All of these bills seek to ban employers fro requiring social network passwords as a condition of employment.

The National Conference of State Legislation reports that there are at least 29 states with introduced or pending legislation seeking to ban employers from requiring/asking for these social media passwords.

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Filed under civil rights, discovery, electronic discovery, Minnesota, Pending Legislation, Privacy Rights

Facebook and Job Applicants

Federal law clearly provides that employers must not discriminate against job applicants based on a number of factors, pursuant to Title VII, the ADA and ADAAA. What might employers find when they ask job applicants for their Facebook password?  Potentially sensitive information that could be used in a prohibitive manner when deciding who to hire – such as information regarding disabilities.

The following article was uploaded at EDD Blog:

Friday, Facebook threatened legal action against companies who require applicants provide usernames and passwords so prospective employers can see what applicants and their friends post on social networks. Now, it’s not clear what legal recourse Facebook has if businesses refuse to obey their demands, but shutting down the business’s Fan Page appears likely for violators. This action could cost firms tens of thousands or millions of dollars.

Erin Egan, Facebook’s Chief Privacy Officer had this to say about employers asking for applicant’s passwords:

“If you are a Facebook user, you should never have to share your password, let anyone access your account or do anything that might jeopardize the security of your account or violate the privacy of your friends,” Egan wrote. “We don’t think employers should be asking prospective employees to provide their passwords because we don’t think it’s the right thing to do.”

Facebook’s stance highlights the changing climate which causes clashes between individual privacy rights and corporate protection. And, without a strong social media policy, firms not only face possible legal action, but lose what is becoming a mandatory marketing channel.

via edd blog online: You Need A Social Media Policy.

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Filed under civil rights, electronic discovery