Employer Access to Social Media Password Information

Posted by BAS - 31 May, 2012

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Increasingly, employers are turning to social media for recruiting and as part of their overall business operations strategy. Consulting social media can provide an insight into an applicant's or employee's personality and judgment sense, and could serve as an inexpensive alternative or supplement to formal background checks.

Employers should be wary of using information obtained through social networks to discriminate against an employee or applicant due to a protected characteristic. Moreover, states are taking action to regulate employers' use of social media.

Maryland is at the forefront of addressing an issue that employers have been considering in the era of on-line social media. Recently, Maryland passed a law that prohibits employers from asking or requiring that prospective or current employees provide a username, password or other means for accessing their personal social media accounts as a condition of employment. The law also restricts employers from disciplining, firing, or otherwise penalizing any individual who refuses to provide an employer access to such personal social-media information.

The law does not protect all forms of personal online access. An employer is permitted to request identifying access information if the account is related to the employer's computer or network system. Employers may also investigate social media use for compliance with securities or financial regulatory requirements.

California, Illinois, Washington, New York, Michigan and Minnesota have similar legislation pending, and in April, a bill was introduced in the U.S. House of Representatives that would regulate employers' use of social media on a federal level. The Maryland law brings to the forefront important issues with respect to hiring and employee relations in the modern era. This is sure to be a hot-button issue going forward.

Topics: HR & Benefits Compliance


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