Can an Employer Force You to Reveal Your Facebook Password?
A state legislative committee approved a bill this week that would bar the practice.
Can an employer force you to reveal your Facebook or other social media password as a condition for getting hired or keeping your job?
That issue began to get some attention in March after a statistician in New York reported that during an interview with a potential employer, the woman interviewing him had searched for his Facebook and, upon discovering that it was private, asked him for the password.
The statistician, Justin Bassett, refused and left the interview according to the Associated Press.
But the story brought to light other instances where employers have sought similar access to social media accounts, and have led several states to consider legislation to ban the practice.
California's assembly voted Thursday to approve such legislation and a committee in the New Jersey general assembly passed a bill with similar wording on Thursday.
According to a study by the U.S. Chamber of Commerce, the National Labor Relations Board has reviewed 129 cases involving social media, although many are in the early stages. The issues raised include not just whether an employer can ask for an employee's password, but whether the employer can force the employee to accept a "Like" request so the employee's social media activities can be monitored; whether the employer may uses social media to spy on an employee; or whether an employer is justified in firing or disciplining an employee because of something they post on a social media site.
So what's your take? Does your boss have a legitimate interest in what you say on Facebook?
BN
3:39 pm on Friday, May 11, 2012
No way should a prospective employer have the right to ask for this personal data. FB itself is becoming too big. Too many websites force you to join in order to post.
Everton
4:08 pm on Friday, May 11, 2012
Agreed. Personal data is one thing, especially since you're spending 40 hours a week with these people. I think you should feel safe with who you're working with, but facebook is another thing altogether. That's completely pesonal.
Mattie
10:55 am on Saturday, May 12, 2012
The reason more and more websites prefer you to sign up with Facebook over just signing up with a made up screen name, is to cut down on "trolling" on blogs and other websites where readers can comment and add to information.
In other words, if you are only allowed to join an online site with your REAL name, legitimate email address and location (that's required more or less for Facebook accounts) you will be less inclined to behave like a dickweed and attack, disrupt the conversations or post offensive materials or comments. And believe it or not, that really does work to severely limit that nonsense.
BUT!
The downside to signing onto things with your real / Facebook name is that if someone doesn't like your politics, or your religion, or anything else about you, the door to personal harassment is wide open -- because they know exactly who you are, and where you live, and possibly- if you don't limit access to your photos etc on Facebook - who your family and friends are. That is a real concern in my book, which is why I would *never* comment on the Patch if I had to use my real name. Simply because there are too many freaks who post here, with anger-fueled narrow minds and way too much time on their hands.
Jesse
5:23 pm on Saturday, May 12, 2012
I agree, Mattie. Facebook signup got rid of the nasty trolls on Red Bank Green and APP, but I never again felt free to fully air my opinions due to a fear of attack or retribution. You just never know - there are crazies out there. I posted a few times using my Facebook account and then discovered that when googling my name, all of my Red Bank Green comments showed up in a search for the whole world to see. I'll NEVER comment on that site again, no matter how innocuous my remark. The google search also turned up a few remarks I posted on Facebook, on public sites. Totally bland statements, but still. I, like you, would never post a comment on Patch if I had to use my real name. I hope they don't change their policy.
Bob Wise
8:31 pm on Saturday, May 12, 2012
Mattie and Jesse are right. I have a Patch stalker that posts after everything I say about politics in Barnegat. He even tried to look up my tax records. When it comes to local politics some will do anything to attack and smear you.
Anonymous
9:44 pm on Saturday, May 12, 2012
Why do people insist on putting things on line that you wouldn't tell your mother? If you are dumb enough to put things on line that you don't want seen then you deserve what you get. That being said, employers' needs to better understand what a prospective employee does on their own time, away from work is uncalled for. As long as someone passes a drug screen, background investigation and a driving record check (if the job involves driving) should suffice.
Eggs-n-Toast
11:18 am on Sunday, May 13, 2012
Bob Wise: Wow, that's crazy that you have a "patch stalker". What a shame someone has such a shallow, sad life that they need to intrude into yours. That sucks.
I always knew that was a possibility here on the patch, just by reading some of the comments and attacks from some of the nuttier folks around here. Like others, I would also never use my real name on this forum. Never. I've also seen a few notoriously 'crazy' folks (mostly in the Lacey Patch) actually post people's names and addresses - house numbers and all! - right on the Patch and PUBLICLY accuse them of being drug dealers and/or "meth labs". That is reeeally out of line. Completely! So yeah, obviously using a real name around folks like that is a risk in my book.
Bob Wise
12:56 am on Wednesday, May 23, 2012
Thanks EggsnTost. My "Patch stalker" is just a political hack that is still trying to look up my tax records. A real nut job for sure. Keep on giving your opinion, and NEVER use your real name if you don't want to be attacked. These cowards can never win a debate, all they know is how to attack and harass.
Jesse
4:11 pm on Friday, May 11, 2012
Who's the one vote for yes? A boss?
Kaitlyn Anness
4:16 pm on Friday, May 11, 2012
Playing Devil's Advocate--can we really call Facebook personal? We're posting intimate details of our lives...on the internet. Even with all of the privacy settings, is it really a personal thing? With that said, even as Devil's Advocate..I can't get behind an employer asking for my password. The password is definitely the personal part.
Khürt Williams
4:22 pm on Friday, May 11, 2012
If you share intimate details of your love life with your girl friends is it okay for your boss to call them up to get the details?
David Smith
6:27 pm on Friday, May 11, 2012
Actually not everyone posts intimate details of their lives on facebook. Moreover, it's one thing to ask for access and quite another to ask for a password. However, neither should be asked for from an employer. What's next asking for a live feed into your bedroom? There can be no ligitimate reason for a employer to ask for access to a personal account.
Mattie
11:25 am on Saturday, May 12, 2012
Well it doesn't necessarily have to be something "personal" that needs to be hidden. What about a person's spiritual beliefs? Or their political leanings? Or simply the fact that they drink, (legal, but many people might not find that a personality asset), or if they use or support medical marijuana, or they were gay?
These are all things a potential employer is legally barred from asking, so why should they be allowed to get that information from a Facebook page?
I'm retired now, but believe me, if I was still working in HR or in any capacity to hire people for a company, I would absolutely look up their Facebook page. If it was "public" and I could see all their stuff- well so be it. I'm not going to lie and say what I can see there would NOT color my impressions of them. However, if I could not see anything beyond their name and profile picture because their page was set to "private - friends only", I'd have no right whatsoever to demand to see more.
Aunt Age
2:36 am on Monday, May 14, 2012
I can't agree with Devil's Advocate....if you put something in writing, anything or anywhere, you always run the risk of having someone find out at some point. So if you don't want something known about you or someone else, you don't post it.
Khürt Williams
4:20 pm on Friday, May 11, 2012
It's against the terms of service (TOS) of all online social media sites to share your account login with anyone. I would simply tell the employer that doing so would force to violate the legal agreement I have with the online service and put me in legal jeopardy. Facebook it self said as much.
https://www.facebook.com/notes/facebook-and-privacy/protecting-your-passwords-and-your-privacy/326598317390057
Beach Girl
4:51 pm on Friday, May 11, 2012
If a potential employer asked me for my password, I would have to question whether that was a company I would really want to work for. It is doubtful that I would ever give out that information.
barbara
11:11 am on Sunday, May 20, 2012
i agree. i would not take a job with that company. ha, wonder if i turned around and asked him his password what he would do.
Daniel Nee
4:52 pm on Friday, May 11, 2012
I'll throw in another hitch for the sake of discussion: Some employers are now asking prospective employees to "friend" a corporate FB account, so while they avoid requesting your password, they can still see your photos, status updates, etc. Is this an acceptable practice?
Shirley
3:39 pm on Saturday, May 12, 2012
Using Webster's first definition of friend, 'one attached to another by affection or esteem', I don't see how a corporate entity can be a friend, or even a FB "friend". Until the corporation rings me up and says 'I've got a pair of free passes to see a movie. Want to go?", becoming friends seems impossible.
Mickey
5:01 pm on Friday, May 11, 2012
it has evolved to this in Brick it seems.....cops were told they can't have opposing political candidates bumper stickers on their personal cars and park in the complex parking lot while at work.....where does it end ?
J
5:02 pm on Friday, May 11, 2012
You can block your updates ect... from certain people.
But you should not be require to friend a corporate enterprise. If that's a requirement for employment i say the can go suck it.
Deborah Bell
5:02 pm on Friday, May 11, 2012
Another pot stirrer: if you won't give out your facebook password, or let yourself be forced to 'friend' a corporate website, why won't you? Is it the principle of the thing, that what's personal is personal, and none of your boss's business - or is it because you DO have something to hide?
Tamara Winfrey
5:20 pm on Friday, May 11, 2012
It makes me wonder what employers can ask for once you're hired. This law only seems to pertain to the interview process. Facebook agreement notwithstanding, how much will they want to peek at once you're hired? And what's to stop them?
antonio movado
5:27 pm on Friday, May 11, 2012
IDK why everyone is so jazzed up over this. Just tell the employer you DONT have FB if asked. That Simple.
Eggs-n-Toast
10:52 am on Sunday, May 13, 2012
All they need to do is Google your name and they will see that you DO have a Facebook. Then you're caught in a "lie"... justified or not.
J
5:36 pm on Friday, May 11, 2012
But then that would be grounds for termination if they searched on fb and found you. Your falsifying info if you say you don't have one.
slippery slop if they were allowed to ask for fb password ect...
antonio movado
6:01 pm on Friday, May 11, 2012
Then disable your FB while job searching.
antonio movado
5:59 pm on Friday, May 11, 2012
This isnt rocket science. If they ask you just tell them you dont have FB. Its that simple.
Matt Skoufalos
6:05 pm on Friday, May 11, 2012
Another twist: who here is so hard up for a job that they'd consider a request like that? And how is this so far-flung from credit checks, or other places where your social security number is requested--and you don't get the job? We put a lot of trust in places we never end up working to keep this information private and secure.
Mattie
3:47 pm on Saturday, May 12, 2012
When I used to go Job hunting, I would never put my SS number down on applications or any other paperwork. A drivers license is enough of an initial ID check. They didn't need to know my SS number until I was hired and filling out w-2 forms for taxes. You CAN refuse. Actually you should refuse. The government is always telling people that SS numbers should not be used for ID purposes, but the average person doesn't know that or else sees no harm in using it anyway.
David Smith
6:22 pm on Friday, May 11, 2012
Would an employer be able to ask for your bank account password as well? I would be very concerned over any employer who would ask for a password. With the password a employer would in effect be able to change any of your information on your account and even add comments as if they were you. What kind of employer would even ask such a question?
Jesse
6:30 pm on Friday, May 11, 2012
Okay, now 13 (and climbing) people have voted yes in the Patch poll. I'd love to hear your rationales as to why you think a prospective boss should be allowed to have your FB password. How about it, Yes Voters? Why did you vote that way?
Dan Toth
9:03 pm on Friday, May 11, 2012
As an employer myself, I have no interest in my employees' facebook accounts (if they even have one). I feel it would be an infringement on their personal lives for me to request such information. As for what they would/could/did/might post... that's covered under the 1st Amendment...
barbara
11:15 am on Sunday, May 20, 2012
Good for you, Dan
Kathie Bottazzi
9:00 am on Wednesday, May 23, 2012
What employees Councilman?? Your blogging here with fictitious names and facts is stalking enough isn't it? Just saying
Upset Union Member
9:42 pm on Friday, May 11, 2012
Dan this is old news.. Please try n stay current with society.. This story was big a month ago..
Daniel Nee
2:05 am on Saturday, May 12, 2012
UUM -- Two points: 1) This is a statewide story posted to all NJ Patch sites. I didn't write it.. 2) The New Jersey bill referenced in the article was passed through an Assembly panel Thursday. Personally, I don't see that as "old news." ;)
lisad
10:49 pm on Friday, May 11, 2012
i would imagine the 6 percent who voted yes either don't have a fb account or don't know what it is. where does ANYONE get off thinking they should be given a private password to someones 'private' media account...fortunately i work for myself however whats to stop an employer asking someone for their email account passwords...lmao....i'd tell em to go jump in a lake.
.
7:29 am on Saturday, May 12, 2012
I don't use Facebook and never will simply because I don't feel the need to know the whereabouts and every move of everyone that I know. I am already in contact with all of the people that I care to be. I know people at work talk about how they posted all of their vacation details, family photos, a family member's surgery or death etc and I think that is all too personal to be put in such a place. Then there are other co workers that simply spend their evenings stalking all of the others on there. This is all to childish for me, but no one should have anyone's password for anything!
LSNative
8:09 am on Saturday, May 12, 2012
You mean you're not one of those who post non-stop about whatever they are doing at every moment and about every thought which pops into their mind?
Congratulations!
Quiet Observation
7:47 am on Saturday, May 12, 2012
Honestly, I see asking for my facebook password as asking if I minded them coming with me to have coffee with my friends, or asking to come look around my house before they hire me. Facebook is a virtual house, your page is a place were you express your views, have friends come and see it, comment on it, and interact. They have no business in my personal life. However, I could see jobs relating to National Security or high-end government requesting such information. If I was applying for a top FBI position I would be much more likely to see it as a legitimate request rather than just a way of snooping around in my life, than if the local McDonald's asked for that information.
LSNative
8:05 am on Saturday, May 12, 2012
Depends on the job. Law enforcement (not just "top FBI positions") routinely do this. Imagine if your local police department hired someone who had racial, anti-social, or criminal postings? Defense lawyers can and WILL subpoena an officer's facebook account in order to discredit him. "Your honor, here are Officer Smith's FB pic from his college years. Here is one where he's chugging a beer and it's dated March 1996. He was 18 at the time. And here is one were he is holding a bong..."
I know this is an extreme example but for any employee whose FB content could potentially embarass the employer has no right to privacy....or he can find alternate employment.
This privacy thing is like the tail wagging the dog. My advice is ditch your FB account and get over yourself or just keep it clean. Now how hard is that?
When you hit the Powerball and have to answer to nobody, do as you like.
Eggs-n-Toast
11:05 am on Sunday, May 13, 2012
LSNative, as for ditching FB, "getting over yourself" and "keeping it clean".... I just set up my 84 year old mother's first Facebook page. It's a nice way for her to keep up with family and friends. Now she can see pictures of new babies in the family, hear about family vacations, graduations, college plans, new boyfriends/girlfriends, engagements, etc without waiting for people to pick up the phone and call her when they finally get the chance.
Point being; Facebook is only as much nonsense - or useful - as one makes it.
As others have said here too, it's not always about keeping it clean and you'll have no worries .... people can potentially view personal information on your Facebook about your religion or politics or social activities - or anything - and form a biased opinion about you one way or the other. It's not fair an employer would ask to know those things that otherwise he is by LAW not allowed to ask you in a job interview.
Tom Maras
9:13 am on Saturday, May 12, 2012
Let’s start with the First Amendment. FB and the like exist and thrive because, in this country, we have that right. That ‘right’ is constantly under attack and placating a prospective employer’s whim to know what you have said in a social setting does little to protect that right.
If the employer wants to know what you have said anywhere on the “Net”, let them Google it. There are laws that prevent prospective employers from asking certain questions about you, like age, religion, marriage status, etc., so why should they be allowed to get into your Facebook account, with your account password?!?
On the other side of the coin, if you are an employee, don’t use your employer’s computer network or internet service for personal activities. If you do, you give up your right to privacy, in regard to what you do on their equipment.
Eggs-n-Toast
10:55 am on Sunday, May 13, 2012
Good point Tom- it is a two way street. Don't access personal accounts from work, and work shouldn't expect information about personal accounts. Period.
just me
10:52 am on Saturday, May 12, 2012
LSNative - excellent advice.
Mattie
11:05 am on Saturday, May 12, 2012
A potential boss, or even a current boss asking for your FB password is the same as him or her asking for your cell phone so they can read all your texts to family and friends. It's exactly the same as a boss saying: "I'll be over at your house tonight and we'll go through your personal scrapbooks and family photo albums to see if they are approved..." Those are things you share with people of YOUR choosing, not with people who demand to see them for hiring purposes.
Nothing to hide? Maybe not. But who's to say?
What one person considers 'harmless fun' another person might consider 'inappropriate'.
wendyt
7:32 am on Sunday, May 13, 2012
Facebook and the like should be banned. I wish that fat guy had not invented the internet.
Eggs-n-Toast
10:53 am on Sunday, May 13, 2012
I always use my real name..... ;-)
LSNative
7:39 am on Monday, May 14, 2012
Obviously, part of the problem is this facebook mentality. Why on earth would you post your religious/political views (your personal beliefs) on the internet? As the saying goes, you shouldn't discuss these topics with anyone who hasn't seen you naked and yet people are idiotic enough to post them in the internet?
When your 84 year old mother is denied a career move because her employer saw her pictures on facebook, you let me know.
You may be addicted to it but nobody NEEDS facebook. In fact, in this tight job market, your precious facebook should be way down on your list of priorities. If you fail to get a job because you refused to allow a potential employer access to you fb account (and you were too stupid not to clean up the night before), then your unemployment is wholly voluntary. The smarter person gets the job. You remain poor but at least you 'stood your ground.' Yay!
Eggs-n-Toast
9:51 am on Monday, May 14, 2012
Wow, LSNative, why so negative and aggressive?
No one says anyone NEEDS Facebook. Where do you read that? I was mentioning my 84 year old mother to illustrate the DIVERSITY of people who use Facebook - for a lot of different reasons. Why is it "idiotic" to talk about your religion or politics or personal beliefs on the internet? YOU just did that very thing by calling people [here] idiotic - and voicing YOUR strong opinions about Facebook users. And you don't have to actually discuss those things with anyone on Facebook, but if you "Like" certain pages, and list even the simplest BIO, those things become apparent.
Obviously, you are opposed to FB and everyone who uses it, without the experience of using it yourself. Well, OK, you're entitled to your opinion, as limited and biased as it is. As for posting inappropriate stuff, that might hurt your chances at a job, well so be it.
As I said, if a FB page is "public" and I -as a potential employer - can check out someone's FB page, I certainly would.
The ethical question becomes: Do I have a right to PRIVATE passwords, FB pages and information? Please explain why you think a potential / current employer should be allowed full access to a *private* FB page?
Would they also be allowed to read your Cell phone text messages and your private email account? Because those are the same... private.
LSNative
7:55 am on Monday, May 14, 2012
Decisions decisions......
Facebook....or feed my family?
Facebook....or starve?
Facebook....or forclosure?
Facebook ...or eviction?
Ok, you stick to your guns. I'll give them access to mine and I'll take that job/promotion. Thanks for making it that much easier for me! And the best part about it is their so-called "intrusion" won't bother me in the least. Your 'principled stand' is my opportunity.
Eggs-n-Toast
9:53 am on Monday, May 14, 2012
You sound like a real Peach of a person. I think your "Keep Off My Property!" sign fell over... better go out and fix it.
Eggs-n-Toast
9:58 am on Monday, May 14, 2012
... But put the shotgun and the big brown jug down first, ok, LSNative?
anotherside
8:50 am on Monday, May 14, 2012
Just wondering can you turn around & ask your boss/ Or HR Dept manager for theirs too? May sure its a company that you actually want to work for( & what they say about is actually true) see if your boss is someone that you are comfortable working with & has the same values as you??
anotherside
9:00 am on Monday, May 14, 2012
** make sure
Eggs-n-Toast
11:17 am on Monday, May 14, 2012
Touche, anotherside.... touche.
barbara
11:20 am on Sunday, May 20, 2012
lol, my thoughts exactly
Mike
8:51 am on Monday, May 14, 2012
Any employer forcing a prospective employee to give him/her their Facebook password is setting themselves up for one heck of a lawsuit if they either do not hire that employee or, later, terminate that employee. There is much information employers are not permitted to ask on many FB pages: race, religious orientation, marriage status, sexual orientation, whether there are children etc. Only a fool would dare cross this threshold. Public information is fair game, asking what you are not allowed to legally ask by other means is not.
Curious George
12:24 pm on Monday, May 14, 2012
Maybe I really am a dinosaur but I think that if anyone is either stupid enough or so self important enough in his or her own mind that they feel they have to post everything about their lives with pictures on Facebook or any of the other social networks, then they have to pay the price for it...I have turned down every request to "become someone's friend" because there is something that I cherish more than their friendship and that's my own privacy. If they want to contact me, there is a telephone and/or email. I find it appalling that so many people waste their time constantly on their iphones or whatever, emailing, texting or tweeting that they ignore everyone else around them. What a world we're living in now. It's as if they have no self respect. If they lay their lives open that way, they have lost the right to object if their employers want to see how stupid they are.
jo
1:02 pm on Monday, May 14, 2012
After my job was eliminated by my former employer, I was advised by a career counselor to join FB. Why? so potential employers would know I was "internet savvy" being that I am an "older" person-translation-you're over 50 so they think you can't use a computer. I joined FB and from day one my FB profile is locked down tighter than a drum. You can see my name and a lovely sunset-that's it. Under no circumstances would I allow an employer into my account-I have a profile, I can use a computer and that's all you need to know.
Sara
1:51 pm on Monday, May 14, 2012
To the 'dinosaurs' who think Facebook is horrible:
I went to an International school in the UK. Facebook is a wonderful way to keep up with old friends who are all over the world. I feel like emailing demands a response, but putting things like photos and updates allows my friends to still be involved with my life and vice-versa. I love to go and look at photos and "like" them or leave comments but I wouldn't expect to be sent tons of pics by email. It's also great to have a conversation in those comments with others viewing the same thing. You ever try to have a conversation through email with several people? It's not pretty.
Sometimes, something happens in an instant that is amusing, could touch your heart or demands attention. Sharing this with several people quickly via Facebook is so much easier than having to call 20 people and relay the same story 20 times or send 20 emails.
To all saying employers looking is ok: Facebook is another means of communication. In comparison, would you hand over a transcript of a heated Thanksgiving discussion? Why? It's private and between family members, right? I think everyone has had instances where relatives say things that make you cringe and you wouldn't want their ideas to leave your home. Thankfully, our front door and walls keep it private. Facebook's privacy settings are those walls and door. As with our homes, we shouldn't be forced to let anyone in to see it.
Sara
1:53 pm on Monday, May 14, 2012
PS - I don't think anyone is really a dinosaur, I thought the previous comment saying that was funny. No offense intended at all :)
barbara
11:24 am on Sunday, May 20, 2012
No, they do not have the right to your facebook account. I love FB, i communicate with many friends and relatives from far away. FB is great. It is none of their business to see my FB account, they can get their needed info from my application and background check. seriously........this is so stupid. would the boss give me his fb password? not that i would want it.
Gabe Fletcher
4:13 am on Friday, June 1, 2012
To ANYONE that thinks this is OK, you should probably shoot yourself in the face right now.... LOL.
This is called INVASION OF PRIVACY and is considered a FELONY and is AGAINST THE CONSTITUTION.
Facebook is mean't to be PERSONAL. That individual is allowed to post WHAT THEY PLEASE at any given time, without scrutiny. If you think for one second, just because an employee works for you, it entitles you access to their private areas, you are on some serious drugs. (feel free to SHARE SOME)
its like this - if an employer asked to read my mail or read the text messages or my private e-mail on my phone or asked me for my banking account numbers and passwords and told me I had better do it or I would be fired... you bet your ass I would be walking out the door. NOT TO MENTION ITS AGAINST FACEBOOK's TOS TO SHARE YOUR LOGIN INFORMATION WITH ANYONE!!!!
LSNATIVE - The issue here is that this is an INVASION OF PRIVACY. The principal of the entire ordeal is not that of whether or not your facebook has questionable material on it, its whether or not that person wants to have their constitutional rights violated. Do us all a favor and shoot yourself in the foot, I am sure the rest of us, the rest of your family and the entire world would be better suited without you, ya moron.
Paul Temkin
8:38 am on Friday, June 1, 2012
No problem. I know which Facebook account to give them. It shows them what a wonderful citizen I am, with very bland political views. Didn't know I had a cousin named Millie? I didn't, until I became a church deacon. And a soup kitchen volunteer.
Get with the program, folks. The Internet is still coming, and Baby needs new shoes.