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Use of Social Networking in Employment Decisions


July 5, 2013 by Paul Sullivan
Category: Recruitment and Hiring

Legislation has been enacted that will prohibit an employer's ability to require that job applicants and current employees  provide social media passwords or other account information as a condition of employment or continued employment.  The legislation, chapter 330, Laws of 2013, goes into effect July 28, 2013.{C}

Here is an excerpt from the Final Bill Report for the legislation:

An employer cannot:

  • request, require, or otherwise coerce an employee or applicant to: (1) disclose login information for personal social networking accounts; or (2) access their account in the employer's presence in a manner that enables the employer to observe the contents of the account;
  • compel or coerce an employee or applicant to add a person to the list of contacts associated with the account;
  • request or require an employee or applicant to alter the settings on the account that affect a third party's ability to view the contents of the account; or
  • take adverse action against an employee or applicant for refusal to provide login information, access the account in the employer's presence, add a person to contact lists, or alter the account settings.

Employers do have the ability to require an employee to share content from personal social networking accounts if:

  • the employer requests or requires the content to make a factual determination in the course of an investigation;
  • the investigation is undertaken in response to receipt of information about the employee's activity on personal social networking accounts;
  • the purpose of the investigation is either: (1) to ensure compliance with laws, regulatory requirements, or prohibitions against work-related employee misconduct; or (2) to investigate an allegation of an unauthorized transfer of the employer's proprietary information, confidential information, or financial data; and
  • the employer does not request or require the employee to provide login information.

The employer prohibitions on accessing employee social network accounts do not apply to a social network, intranet, or other technology platform intended primarily to facilitate workrelated information exchange, collaboration, or communication.

The legislation does not prohibit an employer from requesting or requiring an employee to disclose login information for access to an account or service provided by virtue of the employment relationship or to an electronic communications device or online account paid for or supplied by the employer; prohibit an employer from enforcing existing personnel policies that do not conflict with the bill; or prevent an employer from complying with requirements of statutes, rules, case law, or rules of self-regulatory organizations.

An employee or applicant may bring a civil action alleging a violation of the legislation. The court may award a prevailing employee statutory damages of $500, actual damages, and reasonable attorneys' fees and costs. If the court finds that the action was frivolous, the court may award reasonable expenses and attorneys' fees to the employer.

About Paul Sullivan

Paul has worked with local governments since 1974 and has authored MRSC publications on local elections, ordinances, and general local government operations. He also provides training on the Open Public Meetings Act.

VIEW ALL POSTS BY Paul Sullivan

Comments

"Obviously there is no authority on this statute, since it does not even go into effect until July 28. I'd argue, though, that the scenario you make might violate this section of the act: (1) An employer may not: . . . . (b) Request, require, or otherwise coerce an employee or applicant to access his or her personal social networking account in the employer's presence in a manner that enables the employer to observe the contents of the account;"

Paul Sullivan on Jul 18, 2013 8:17 AM

"Thanks! we want our website to be useful."

24611Tink on Jul 18, 2013 8:08 AM

"If employers can still force an employee to provide information from a social networking account as long as the employer doesn't ask for the login password, what's the point?? "Bob, I want you to go on Facebook and print off your last month of status updates for me.""

Shanda on Jul 15, 2013 11:13 AM

"I value the knowledge on your internet site. thnx!"

Click This Link on Jul 15, 2013 1:58 AM

"Now that they've finished working on this bill, will they have time to pass needed DUI legislation?"

Wedgwood in Seattle History on Jul 5, 2013 4:02 PM

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