The use of social media has become increasingly commonplace in our society, with its widespread application for entertainment, staying connected with friends and family, and for business purposes. It has become so deeply entrenched in our lives, that it can be difficult to imagine life without it. With the rise of social media, however, comes the need for laws to protect individuals from potential misuse of their personal information by employers or other entities. To this end, 26 states have passed laws since 2012 that apply to employers who ask their employees or applicants to provide access to their personal accounts.
In 2012, only five states had laws that applied specifically to employers who asked their employees or applicants to provide access to their personal accounts. As of 2019, that number has risen to 26 states, with Arkansas, California, Colorado, Illinois, Louisiana, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, Tennessee, Utah, Vermont, Virginia, Washington and Wisconsin all having enacted such laws.
The details of the laws vary from state to state. Generally speaking though, the laws prohibit employers from requesting access to employee or applicant accounts on social media sites. They also make it illegal for employers to require the employee or applicant to add the employer as a friend or follower on social media sites. In some states, employers may be liable for civil damages or criminal penalties if they violate these laws.
A CareerBuilder survey conducted in 2018 revealed that 70% of employers use social media to review job candidates and more than half have chosen not to hire someone based on what they found online. This number is up from 60% in 2016 and shows just how important social media is becoming in the hiring process. It is important for job seekers to be aware of this because their online activities may be taken into consideration by potential employers and can even be a deciding factor in whether they get the job or not.
According to Backlinko, currently there are almost 4 billion users of social media platforms with each individual having approximately 8 accounts in total. This means that there is a huge amount of potential personal details being shared online every day which can be accessed by employers if they choose to do so. It is therefore essential that individuals are aware of their rights and what employers can and cannot ask for when it comes to social media accounts.
The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces laws that make it illegal to discriminate against job applicants or employees based on their race, color, religion, gender identity, sexual orientation, pregnancy status, national origin, age (above 40) or genetic information. The EEOC can investigate claims of discrimination against an employer and may even file a lawsuit if necessary. Employers should be aware of the EEOC’s regulations when making decisions about job applicants or employees in order to avoid any potential legal issues.
The EEOC enforces laws that make it illegal to discriminate against job applicants or employees based on their race, color, religion, gender identity, sexual orientation, pregnancy status, national origin, age (above 40) or genetic information. Employers should take care when considering any type of discrimination when making decisions about hiring or promotions as they could face legal consequences if they are found to have violated any of these laws.
Given the constantly changing nature of social media privacy laws and regulations it is essential for employers to stay up-to-date on the latest rules and regulations regarding social media use in the workplace. By doing so they can ensure that their practices are compliant with the law and avoid any potential legal issues down the line. Furthermore, it is important for employees to know their rights when it comes to employers asking for access to their personal accounts as this could help protect them from any potential misuse of their information by employers.
There are a variety of ways in which employers can stay informed about the latest social media privacy laws and regulations. Employers can use a variety of resources such as websites like The Balance Careers which provides a comprehensive overview of state laws regarding social media privacy as well as blogs such as Social Media Today which regularly post articles on the latest news in this area. Additionally employers can also consult with legal professionals who specialize in this area and can provide more detailed information and advice on how to best comply with current laws and regulations.
Employees should also be aware of their rights when it comes to employers asking for access to their personal accounts. Employees should keep in mind that many states have laws which prohibit employers from requiring them to provide access to their personal accounts as well as making it illegal for employers to request access to these accounts in certain circumstances. Additionally employees should also be aware that they have the right to refuse an employer’s request for access if they feel uncomfortable with it and should not feel obligated to provide access if they do not wish to do so.
In conclusion, it is essential for both employers and employees alike to be aware of the latest privacy laws regarding social media as these rules are constantly changing and evolving as technology advances. By understanding the current laws and regulations both parties can ensure that their practices are compliant with the law and avoid any potential legal issues down the line while also being better informed about their rights when it comes to employers asking for access to their personal accounts.