The Hayber Law Firm, LLC 
CAN THEY DO THAT?

221 Main Street                                                                       May 14, 2012

Hartford, CT 06106                                                          VOLUME NINETY NINE  

Can a prospective employer ask me for my Facebook password during the interview process?

  

No.

 

There is a trend among some prospective employers of requesting that applicants provide them with their login names and passwords to their Facebook and other social media websites.  Employers apparently use this information to screen applicants.

 

We are not aware of any Connecticut case expressly stating that a prospective employer cannot ask an applicant for a social media password. However, at least two courts in the U.S. have found that employers which request employee login credentials and access otherwise private information may be subject to liability under a federal law called the Stored Communications Act ("SCA").

 

In response to the employers requesting passwords of job applicants, U.S. Senator Richard Blumenthal ("D-CT") called on the U.S. Equal Employment Opportunity Commission ("EEOC") and the U.S. Department of Justice ("DOJ") to launch a federal investigation into this trend. Click here to see the press release

 

Also in response to the trend, Facebook has now made it a violation of its Statement of Rights and Responsibilities to share or solicit a Facebook password. Click here to see the response .

 

If you need assistance with any employment law issue, feel free to contact us

Richard Hayber
The Hayber Law Firm, LLC
 
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The materials in this e-zine are provided for informational purposes only and do not constitute legal advice.  This e-zine is not intended to create an attorney-client relationship between you and The Hayber Law Firm and you should not act or rely on any information in the site without seeking the advice of an attorney.