Ride the Lightning
Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.
Is it Legal for Employers to Require Your Facebook Password?
March 29, 2012
I am fascinated by these muddy waters, because apparently no one has a good answer to this question. It's been all over the airwaves, including The Today Show on Tuesday morning. It appears to me that there is no clear law on this because federal lawmakers now want to enact a law.
Having said this, it is certain that employers can't ask certain questions of prospective employees or make hiring decisions based on sex, age, race, etc. But once they have access to Facebook or other social media sites, they may receive (and decide) based on things they weren't supposed to know about.
Once again, it appears the law has lagged beyond the electronic world and it is now scrambling to catch up.
Mind you, it violates Facebook's Terms of Service to turn over your credentials and Facebook (self-serving but at least it gets to look like a good guy on this issue) has said it may sue employers who require prospective employees to give up their passwords.
Two Senators have asked the Department of Justice and the Equal Opportunity Employment Commission to investigate whether this practice violates the law. It astonishes me that this question has attracted so little attention until now.
Bottom line: An employer who would require my social media credentials is an employer I don't want to work for.
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