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