Proposed laws would forbid employers from asking for job seekers’ social media passwords

Bassett, a New York City statistician, had just finished answering a few character questions when the interviewer turned to her computer to search for his Facebook page. But she couldn’t see his private profile. She turned back and asked him to hand over his login information.

Bassett refused and withdrew his application, saying he didn’t want to work for a company that would seek such personal information. But as the job market steadily improves, other job candidates are confronting the same question from prospective employers, and some of them cannot afford to say no.

In their efforts to vet applicants, some companies and government agencies are going beyond merely glancing at a person’s social networking profiles and instead asking to log in as the user to have a look around.

“It’s akin to requiring someone’s house keys,” said Orin Kerr, a George Washington University law professor and former federal prosecutor who calls it “an egregious privacy violation.”

Questions have been raised about the legality of the practice, which is also the focus of proposed legislation in Illinois and Maryland that would forbid public agencies from asking for access to social networks.

Since the rise of social networking, it has become common for managers to review publically available Facebook profiles, Twitter accounts and other sites to learn more about job candidates. But many users, especially on Facebook, have their profiles set to private, making them available only to selected people or certain networks.

Companies that don’t ask for passwords have taken other steps — such as asking applicants to friend human resource managers or to log in to a company computer during an interview. Once employed, some workers have been required to sign nondisparagement agreements that ban them from talking negatively about an employer on social media.

Asking for a candidate’s password is more prevalent among public agencies, especially those seeking to fill law enforcement positions such as police officers or 911 dispatchers.

Back in 2010, Robert Collins was returning to his job as a security guard at the Maryland Department of Public Safety and Correctional Services after taking a leave following his mother’s death. During a reinstatement interview, he was asked for his login and password, purportedly so the agency could check for any gang affiliations. He was stunned by the request but complied.

“I needed my job to feed my family. I had to,” he recalled,

After the ACLU complained about the practice, the agency amended its policy, asking instead for job applicants to log in during interviews.

“To me, that’s still invasive. I can appreciate the desire to learn more about the applicant, but it’s still a violation of people’s personal privacy,” said Collins, whose case inspired Maryland’s legislation.

Until last year, the city of Bozeman, Mont., had a long-standing policy of asking job applicants for passwords to their email addresses, social-networking websites and other online accounts.

And since 2006, the McLean County, Ill., sheriff’s office has been one of several Illinois sheriff’s departments that ask applicants to sign into social media sites to be screened.

Chief Deputy Rusty Thomas defended the practice, saying applicants have a right to refuse. But no one has ever done so. Thomas said that “speaks well of the people we have apply.”

When asked what sort of material would jeopardize job prospects, Thomas said “it depends on the situation” but could include “inappropriate pictures or relationships with people who are underage, illegal behavior.”

In Spotsylvania County, Va., the sheriff’s department asks applicants to friend background investigators for jobs at the 911 dispatch center and for law enforcement positions.

“In the past, we’ve talked to friends and neighbors, but a lot of times we found that applicants interact more through social media sites than they do with real friends,” said Capt. Mike Harvey. “Their virtual friends will know more about them than a person living 30 yards away from them.”

Harvey said investigators look for any “derogatory” behavior that could damage the agency’s reputation.

E. Chandlee Bryan, a career coach and co-author of the book “The Twitter Job Search Guide,” said job seekers should always be aware of what’s on their social media sites and assume someone is going to look at it.

Bryan said she is troubled by companies asking for logins, but she feels it’s not violation if an employer asks to see a Facebook profile through a friend request. And she’s not troubled by non-disparagement agreements.

Wikipedia: Reuters is an international news agency headquartered in London, United Kingdom owned by Thomson Reuters. →