States propose anti-social media background check laws

Are you requiring job applicants to fork over their social media website login information as part of your company’s pre-employment screening process? While checking social media sites is becoming more and more popular among employers as yet another avenue for finding out all they can about a prospective employee, some state lawmakers and organizations are already gearing up to fight this practice, which they say is an invasion of privacy.

This past week Sen. Richard Blumenthal (D-CT) was added to the handful of state representatives across the country who are proposing laws to make this practice illegal. Blumenthal says that his bill, once finished, will include some exceptions, like for federal and local law enforcement agencies, and government agencies that handle national security issues. He did indicate that private companies that receive government contracts would be regulated under the legislation.  

A similar bill in Illinois is backed by the ACLU. Such a law, if it passes, would make it just as illegal for an employer to ask for an applicant’s Facebook password as it is illegal for an employer to ask a woman if she plans to have children.

As we’ve advised before, employers who wish to conduct social media background checks – and the numbers are growing – should tread carefully, so as not to open themselves up to discrimination claims or risk using false information when weighing their hiring decisions.

 

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Kristina Taylor
In 1989, Kristina began her career as a customer service representative at the newly formed American Tenant Screen, Inc. Ten years later, she pioneered tenant background screening on the Internet. As a long-standing member of the National Multifamily Resident Information Council (formerly the National Association of Screening Agencies) Kristina gains insight into the trends of the tenant screening industry to better understand the current and future needs of their clients.

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