Ethan J. Wall, Esq.
Richman Greer, P.A.

Employers across the country are requesting access to potential hires’ social media pages to weed out unwanted candidates. They are also curious of how their employees are representing themselves in an ever-increasing online world. Employers are understandably wary of employees acting in a disparaging way while at the same time displaying an affiliation to their employer. But can an employer legally require their applicants and employees to turn over access to their social media profiles – revealing all content and messages that are often hidden behind various privacy settings? If you work in Maryland, the answer may be “no.”

Maryland lawmakers are in the process of passing legislation prohibiting employers from asking current and prospective employees for their usernames and passwords to social media sites such as Facebook and Twitter, according to The Baltimore Sun. The Bill would prohibit an employer from requiring that an employee or applicant disclose any user name, password, or other means for accessing a personal account or service through a “specified electronic communications devices,” and further prohibit an employer threatening to take specified disciplinary actions for an employee’s refusal to disclose specified password and related information.

Maryland lawmakers began drafting the bill after the American Civil Liberties Union (ACLU) raised concerns about the Department of Public Safety and Correctional Services demanding the personal social media password of corrections officer Robert Collins. Collins was asked for his Facebook password in a re-certification interview with the state agency.

While this proposed legislation would only apply in Maryland, other states are considering similar legislation. Applicants and Facebook are more frequently criticizing the practice of employers viewing employees’ personal accounts as running afoul with their privacy rights. Since the law may be unsettled in your jurisdiction, employers should consider viewing “public” information on employees and applicants social media pages and refrain from requiring access to their social media passwords unless they wish to find themselves facing a disgruntled employee or applicant’s legal action.

Editor's Note:

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