by Long Island Attorney Paul A. Lauto, Esq.
Today many employers and potential employers are asking for Facebook passwords, in order to gain access to an employee or potential employee's social media. All too often, the result is an employee losing their job or a potential employee not being offered a job. But should employers and potential employers be allowed to ask for Facebook or other social media passwords?
In Maryland and effective January 1, 2013 in Illinois, the answer is a resounding "No". To date these are the only two states to have passed laws precluding employers from asking for social media logins. Senator Charles Schumer (D-NY) and Senator Richard Blumenthal (D-Conn) have asked the Federal Justice Department (DOJ) and the Equal Employment Opportunity Commission (EEOC), to determine if such employer inquiries violate the Stored Communications Act and/or the Computer Fraud and Abuse Act. This investigation is currently still pending.
Read further details on the current state of the law on this issue, in our latest Scales of Justice blog at http://www.liattorney.com.