Employees and job applicants were shocked when employers began asking for their Facebook passwords so they could login and sift through the employee or applicant's profile. While it’s not clear how many employers were engaging in this practice of requesting or requiring social networking profile passwords and other account information, reports such practices were numerous and on the rise...
As of January 1, 2013, Illinois became the second state to ban employers from making these and other requests by passing bi-partisan bill HB 3782. While Illinois employers can still collect information and investigate a job applicant’s background, they are no longer entitled to request or require a job applicant, or current employee, to provide password or account information to gain access to their social networking profiles. This new law helps protect both employers and employees. Revealing a password to a social networking site may compromise the security of one’s account and the security of those people linked to it. For example, information could be exposed that could be used to commit fraud or invite harassment and lead to legal action against companies.
The Bill further protects employers by expressly stating that many common company policies are not regulated by this new legislation. Employers are still allowed to obtain information that is in the public domain or information that is otherwise legally obtained. Moreover, employers can monitor usage of their employee’s electronic equipment and e-mail and are encouraged to maintain lawful workplace policies governing the use of employer’s electronic equipment, including policies regarding Internet use, social networking site use and e-mail use.
For employees and job applicants, there are a few things to keep in mind. Popular networking sites such as LinkedIn and BranchOut on Facebook are “cleaner” options for online professionals to interact with companies, employers and coworkers. Keep in mind that employers can still see any public posts, tweets or photos. Unless you set your information to private, it is all fair game.
Employers must maintain awareness that invasive profile examinations can reveal information that could be used to unlawfully discriminate among job applicants on the basis of race, religion, sexual orientation, undermining established employment laws. Although public information can be used to obtain background information on potential employees or current employees, be sure to not use the information in an unlawful manner.
The Bill further protects employers by expressly stating that many common company policies are not regulated by this new legislation. Employers are still allowed to obtain information that is in the public domain or information that is otherwise legally obtained. Moreover, employers can monitor usage of their employee’s electronic equipment and e-mail and are encouraged to maintain lawful workplace policies governing the use of employer’s electronic equipment, including policies regarding Internet use, social networking site use and e-mail use.
For employees and job applicants, there are a few things to keep in mind. Popular networking sites such as LinkedIn and BranchOut on Facebook are “cleaner” options for online professionals to interact with companies, employers and coworkers. Keep in mind that employers can still see any public posts, tweets or photos. Unless you set your information to private, it is all fair game.
Employers must maintain awareness that invasive profile examinations can reveal information that could be used to unlawfully discriminate among job applicants on the basis of race, religion, sexual orientation, undermining established employment laws. Although public information can be used to obtain background information on potential employees or current employees, be sure to not use the information in an unlawful manner.
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