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 used social media to spy on an employee; or whether an employer was justified in firing or disciplining an employee because of something they posted on a social media site.
So what's your take? Does your boss have a legitimate interest in what you say on Facebook?
Paul Umrichin
3:37 pm on Friday, May 11, 2012
Quite honestly I would probably do more than leave the interview if put in this position. In my company there are many employees that I am friends with on Facebook. I have made it a policy to never friend anyone who is higher on the corporate food chain. Managers, supervisors, etc. It is none of their business how I spend my free time or what I wish to opine about. If ever asked for access I would deny and deny and deny. My ID, password and privacy are mine.
excuseme
4:08 pm on Friday, May 11, 2012
The truth is that these websites open you up to anything. I think that we should stop thinking of these social websites as our personal space or property. They are not. They are there to collect info on the users and nothing else. That is their business model and they even tell you that.
Denobin
8:53 am on Wednesday, May 16, 2012
True! Anyone can find out as much as is publicly exposed, employers included. However, they must draw the line when requiring a password to gain any more information. It is then no one's business but yours and your friends.
Nose Wayne
4:15 pm on Friday, May 11, 2012
Next,They will want to see your bank statement so they can figure out how much to pay you.Where does it stop?
Mikey
1:43 pm on Wednesday, January 16, 2013
Done! It is common for employers to do a credit check on potential employees.
Jessica
4:43 pm on Friday, May 11, 2012
I don't think they have any right to ask for my facebook password anymore than they have the right to ask for my personal email password.
toddalex
10:22 pm on Friday, May 11, 2012
Jessica, I know the world you live in. It's nice there but it's not real. They can ask for anything they want at a point in the interview process when they can turn you away for any reason. If you say I would rather not give you my facebook password, they can turn you away and tell you that you did not fit the type of person they were looking for. They don't have to tell you but they can say you live too far, or that the person they hired knows how to play ping pong and likes to dance and then they close the file on you. Welcome to the real world children.
Jessica
1:59 pm on Saturday, May 12, 2012
Toddalex there is no need to insult me because I commented on an article. I am not stupid, I have a job and I am not a child. I live in the real world and in the real world I still wouldn't want an employer reading all my personal messages. Thank you.
Meredith Persson
2:44 pm on Tuesday, May 15, 2012
I agree Jessica. An employer does not have the right to access your private information. I have never been required or even asked to provide that type of information at an interview and I have never had a problem getting a job. I think people need to watch what they say online because you never know when it will come back to haunt you, but accessing your information as if they were you is not your employer (or prospective employer's) right.
Denobin
9:01 am on Wednesday, May 16, 2012
@todd: No , they cant. See my above post for details.
Ridgewood Mom
5:49 pm on Friday, May 11, 2012
I am a boss with many employees and I am surprised that people are so unable to see both sides of this issue. As an employer, I want to know that I am hiring the best possible employees, and their character matters to me. I think that I should have full access to all employee and prospective employee Facebook and email accounts. It shocks me how ungrateful some employees can be for the fact that I have "created" their jobs. Without me they are nothing... just mindless wandering zombies without direction or any productive in life to do. If things were really fair I would be able to monitor every of my employees moves via remote camera, or perhaps brain chip implant. After all, its a free country and they can all go get a job somewhere else if they don't like it.
Listen, there are no such things as morals. And all this talk of "rights" is so passé. As any economist can tell you, there are only "interests." There is no such thing as right or wrong, but only what is right and wrong for me and what is right and wrong for you. So there is nothing wrong with me doing whatever I want that supports my interests.
Joseph M. Gerace
6:06 pm on Friday, May 11, 2012
Are you a real person or some kind of Colbertian satire?
foxes2011
6:40 pm on Friday, May 11, 2012
There's no way she's a real person. Thinking it would be really fair to monitor employees with a remote camera? That definitely has to be a joke. If not, it must be a pleasure to work for you with your worthless views of other people and no belief in morals or ethics.
toddalex
10:08 pm on Friday, May 11, 2012
I want to work for you Mom. I need somebody to treat me like you do Mom.
Patton
7:39 am on Saturday, May 12, 2012
nice position to take.im a boss blah blah blah yea and im the queen of england.you just like the whole big brother application to anything and everything
Mike
8:15 am on Saturday, May 12, 2012
God Bless the Job Creators™! I can't wait until President Romney is elected and strapping your misbehaving employees to the roof of your station wagon for a trip to Michigan is finally legalized.
Ridgewood Mom
8:46 am on Saturday, May 12, 2012
Sorry guys. I'm self employed. I was being facetious. Couldn't help myself. :)
Tina B
10:03 am on Saturday, May 12, 2012
What?? You are crazy! Obviously you forgot the 'Freedom of Speech' ammendent we recognize here in the US. Ridgewood Mom - I feel sorry for your kids.
cv
8:37 pm on Saturday, May 12, 2012
Are you from Nazi Germany?
monitorj
3:54 pm on Tuesday, May 15, 2012
Personally I really enjoy being subjugated by the opposite sex. It's hard to explain. I guess it goes back to my early childhood and having strong women in my family.
Brett Bickley
4:29 pm on Tuesday, May 15, 2012
..... Dear Ridgewood Mom .... Nice trolling. Because if you're serious? YOU are what's wrong with America today.
Ridgewood Mom
4:33 pm on Tuesday, May 15, 2012
Its not trolling. I said that I wasn't serious. And I think that I made a good point, because those are the exact points that we see people making on the Patch daily.
Ridgewood Mom
5:21 pm on Tuesday, May 15, 2012
...and Brett, I agree with you. If you check the poll results above you will see that eighty people, so far, have read this article and see nothing at all wrong with requiring prospective employees to reveal their Facebook passwords.
There is something seriously wrong in America today.
Denobin
9:04 am on Wednesday, May 16, 2012
Sadly, I can't tell if you are serious; I certainly hope not. Any talk of moral relativism here is a non-starter. I'm sure you would not like it if soeone dug up all your skeletons anytime you tried to make a move. If you are serious, I hope all your employees wise up and leave your employ for an oragnization that respects them.
Katrina
12:21 pm on Monday, May 21, 2012
To those of you unsure as to whether Ridgewood Mom was serious: Yikes. There's a bridge in Brooklyn for sale that might interest you.
To Ridgewood Mom: Hysterical post. Thanks for the laugh.
Nose Wayne
6:46 pm on Friday, May 11, 2012
Ridgewood, What I do after my 9 to 5 job with the "Bride of Frankenstein" is none of your G** D*** Business! As long as i am productive and do my job,what i do is NONE OF YOUR BUSINESS! Glad i don't work for you.Must be just one happy office.
toddalex
10:27 pm on Friday, May 11, 2012
Wayne. Please be respectful. I personally like being treated that way.
Denobin
9:12 am on Wednesday, May 16, 2012
@todd: Good! So please afford everyone else the same courtesy and respect others' privacy.
Big Ben
7:05 pm on Friday, May 11, 2012
passwords only keep honest people out
John Fonseca
7:41 pm on Friday, May 11, 2012
Like Don (who I assume is an attorney) said, they can ask you for anything so long as it's lawful. If you don't want to provide it then you don't have to work there. How about providing urine for a drug test or submitting to background and credit checks? Are these things any less invasive than revealing stupid Facebook comments?
Denobin
9:14 am on Wednesday, May 16, 2012
Again, they can get information that they would not be able to legally ask you, as well as personal information of others who have not given their permission. It's scary how quickly dome here are willing to give up their right to privacy.
Curt Carnes
8:13 pm on Friday, May 11, 2012
Hey Ridgewood Mom
So I suppose if you feel that way, you won’t mind sharing your Facebook user name and password with us here, just in case any or us “mindless wandering zombies without direction or any productive in life” wonder into your shop for a job! We's want to know every thing about you too. You know?
Do you have doors on your restroom facilities? Or do you prefer the open look, so you can quickly discover if one of your employees is really doing a human function, or just goofing off on your dime?
It is people like you that create need for Unions, and massive government regulations.
Please, also, tell us the name of your company, because believe me, I want to make sure not even so much as a penny of mine makes it in to your place!
cv
8:38 pm on Saturday, May 12, 2012
Nobody would friend Rigdewood Mom on facebook.
Ridgewood Mom
5:13 pm on Tuesday, May 15, 2012
Sure Curt. Here is my Facebook page:
http://www.facebook.com/pages/Chris-Christie/61266377386
Ridgewood Mom
5:15 pm on Tuesday, May 15, 2012
Better yet, friend me here:
http://www.facebook.com/zuck
Denobin
9:14 am on Wednesday, May 16, 2012
She was kidding. See her above post.
Nose Wayne
8:31 pm on Friday, May 11, 2012
Curt,Probably has a camera in the restroom,I kmow that is illegal but not for mindless wandering zombies that have had a brain chip implanted.
kkll
9:35 pm on Friday, May 11, 2012
If you're doing something you wouldn't want the world (including your employer) to know about, why post it on Facebook anyway? I will never understand the new fascination with posting the sordid details of ones life online and maintaining any expectation that it remain private. I'm guessing the day is not far off when many will regret the amount of information they've revealed about themselves online.
toddalex
10:34 pm on Friday, May 11, 2012
Guess what Wayne. They run a credit check on you that is better than a bank statement. They can tell how many bank accounts you have, how much you make and what you spend it on, and if you paid your bills on time.
Nose Wayne
11:33 pm on Friday, May 11, 2012
Toddalax, Must of had the brain chip implant! Anybody who would want to work for MOM, must have reinvented the square peg to fit into the round hole.MUST be a government job.
Kevin Nedd
11:44 pm on Friday, May 11, 2012
For most non-union jobs, as long as an employer doesn't practice discrimination, they can choose not to hire someone for any reason. This is no different than requiring a drug test for employment. If you don't want to submit to the test, don’t seek the job.
Union jobs have predetermined condition that may impact the conditiions by which a candidate may be evaluated, so this pratice could be prohibited by collective bargining.
Mike
8:32 am on Saturday, May 12, 2012
Unions will be extinct within a decade, so this will soon be moot and all your base will belong to us. Frankly, I think the NJEA is the only thing impeding an employer's constitutional right to know....anything, whether job-relevant or not. Corporations are people, too, ya know.
The Watcher
9:58 am on Saturday, May 12, 2012
The government says PAC's are people too. So I guess that means that if they lie, cheat, and steal they should and will go to jail LOL. Oh wait they get bailed out with our money, we get our homes foreclosed on, they borrow money from the government (us) at 0 percent interest then lend it back to us at outrageous interest rates......... they get to "buy" congress they get beneficial laws passed we get to pay and pay, maybe we should ALL call ourselves corporations, better yet all the American people should get together and form a giant PAC maybe then we could buy back the government (of the people, for the people)
Lakemom
9:25 am on Saturday, May 12, 2012
The irony is that people don't seem to mind that facebook violates their privacy all the time. It follows you around so if you read an article and are considering on commenting on it, your facebook profile is already attached so that your FB photo is already sitting there next to the comment box.
That if you click you "like" an article, photo or video you cannot control if you want anyone to know you "liked" it. All of your friends are sent on their newsfeed your "like". Only they are able to block you. You cannot block who sees your "likes".
Christine
9:56 am on Saturday, May 12, 2012
It only follows you around if you let it. Do not leave yourself logged-in to facebook while you are browsing the web. I choose not to comment on any site or article where they require me to log on through facebook and then give them permission to rummage around in my data. If I REALLY want my facebook friends to know about something I found on the web that would be interesting to them, I'll write about it and they can go find it. I don't post links or likes and my profile is kept on the highest possible security settings. Take some measure of control back, people.
Clive
9:57 am on Saturday, May 12, 2012
The can ask all they want - they will be talking to the wall.
My comment would be next question with a big smile.
At times like this you take the highroad in time you will be respected for it.
If they dare to ask under no condition tell - next thing they might want the key to your car and house. *Smiles.
Laura Madsen
8:54 am on Wednesday, May 16, 2012
Clive, more people need to take that stand. If employers see that people are united and won't provide passwords and login information for personal accounts, they're going to have a mighty small pool of prospective qualified candidates to choose from and will have to rethink their ways.
Eric
10:01 am on Saturday, May 12, 2012
Step 1. Change your name on Facebook. Step 2. Say you don't have a profile. Problem solved
Ed Horch
10:17 am on Saturday, May 12, 2012
It's a simple question of what information potential employers are forbidden by law to ask about. A typical Facebook profile contains most of those: Age, ethnicity, religion, marital status, etc. Whether they can ask for it directly or via your Facebook profile is moot.
So for the truly paranoid, expand on Eric's suggestion:
1. Change your name on Facebook to some random thing they'll never search for (try feeding your name into an anagram generator).
2. As a second defense, lock down your account so that only friends can see it at all.
3. Create a new email account.
4. Create a new Facebook account associated with that email address. Have the name on that account exactly match the name you put on your resume and employment applications.
5. Set up the profile on that account with nothing but protected information: Race, ethnic background, sexual orientation, and all the other things they can't ask about.
6. Allow that account to be searchable and visible to everybody.
7. Friend nobody, except possibly your lawyer.
8. Use that email account exclusively for your job search.
9. As soon as a potential employer starts poking around, drop the hammer.
Laura Madsen
8:53 am on Wednesday, May 16, 2012
Ed that's such a simple and yet brilliant suggestion. It's tactics like that which will finally cause employers to back off when one guy files the big lawsuit and wins. I can't wait until it happens. On another note, Facebook would support you - because really, Facebook is the ultimate owner of all Facebook accounts. They have a terms of service agreement in place that allows you to use it. You, not your employer, nor your boss, nor anyone else.
Denobin
9:17 am on Wednesday, May 16, 2012
Or just exercise your rights and do not allow it in the first place.
Ridgewood Mom
10:41 am on Monday, May 21, 2012
Better yet,
1. Beforehand, visit the Facebook page belonging to the prospective boss conducting your interview and do a Google search on them. Take note of their interests.
2. Set up a dummy Facebook page for yourself and "like" all of the same things that they "like." "Like" the same music, the same sports teams, the same pop culture nonsense. Everything.
3. Try to think of a few powerful or influential people that your prospective boss would like to get to know. Perhaps people whom he might see as helpful in advancing his own business or career.
4. Create Facebook profiles for all of those people, replete with photos of them. Better yet, photoshop a few of their photos so that they depict you with your arm around their back as buddies.
5. Friend them with your own dummy Facebook account, and have them post a few intimate sorts of things on your Facebook wall. For example, you could have Bill Gates posting something on your wall like "had a great time golfing with ya the other day Bob! You truly are one of my best friends." Or you could have a US senator posting, "That was sure helpful professional advice you gave me. Once again, you prove yourself to be the top expert in your field."
6. If your prospective employer is a man, make sure to have many attractive females as FB friends. Have a few of them post on your wall that they are lonely and would like for you to help set them up on a blind date with someone you know.
Ed Horch
11:57 am on Saturday, May 12, 2012
Of course there are ways to find those things out. My point (and I'm not conjuring this out of thin air--I've talked to several HR professionals about this) is that when you're applying/interviewing for a job, they can't ask *you*. If they can't ask you directly what your religion, marital status, etc. are, they also can't ask you to provide them with a source for that data. The laws against discrimination still stand.
As for higher security jobs, you know going in that they're going to run a more extensive background check, and that you might be subject to ongoing surveillance during and possibly after your employment in the secure position (I've had a security clearance so I know this firsthand). But it's up to the hiring party to make you aware of these added requirements beforehand, and you always have the choice to opt out before the investigation begins. And they *still* can't deny you the position just because of what church you do or don't go to.
Ed Horch
6:24 pm on Saturday, May 12, 2012
I guess it hasn't occurred to you that I've been speaking in the abstract. I am not currently looking for work, as you would have known if you had really *read* job.html (you seem to share that disability with legions of fly-by-night recruiters). Everything you were able to find out about me in two minutes with The Google is information I am well aware is available to anyone who cares to look. Post something that I haven't decided to make available to everyone on Earth and then maybe I'll be impressed.
Seeing as how I am not looking for work, and right now do not have an immediate need for an employment lawyer, are you offering to pay for one who can set me straight just to prove you're right? If not, then this conversation is over.
JAD
9:23 pm on Saturday, May 12, 2012
So are my friends and family expected to waive their right to privacy based upon my employment options? Should I have the expectation that my friends employers will be able to read and monitor private messages authored by me? Why stop with facebook? Perhaps I can also give them my personal phone passwords so they can monitor my messages there as well.
Unless your position requires a security clearance, where your loss of privacy is generally financially compensated, then it really isn't your employers business what you are discussing in your off time.
Andrew
9:27 pm on Saturday, May 12, 2012
They can have my facebook/e-mail password. I have nothing to hide. If it's worth getting a job and getting somewhere far in life take it. So what they look at my personal messages about meeting up with my pals for a beer and cigar events and pen pals. Big deal.
Robert F. Galgano
9:52 pm on Saturday, May 12, 2012
So you're an alcoholic with lung cancer? Sorry, can't hire you!
You don't get to decide what's hideable or incriminating, which is kinda the whole point.
Everyone has something to hide...
Marty Cone
11:02 pm on Saturday, May 12, 2012
Simple answer, dont be sheep and use facebook, it is stupid and you open yourself up for tons of scrutiny
Mike
8:10 am on Sunday, May 13, 2012
Or have two accounts: one personal and private, the other a sterile front for nosey employers-to-be. You tweak résumés to specific employers/positions, right? Well why not set up a few Facebook profiles. For example, one is ultra-religious. Another is all about the Giants. Another is all about your volunteer work. And so on. Then, after the interview, you decide which is most likely to help you out and then you strut it out for all to see.
FourScore
8:37 am on Sunday, May 13, 2012
What about blogging on a public forum using your full name??? That may open you up to far more scrutiny than Facebook. A google search on 'Marty Cone' would uncover all the personal views that you've shared on the internet.
Big Ben
10:19 am on Sunday, May 13, 2012
They can't force you to give your password and they can't force you to work there either.
Jon
11:25 am on Sunday, May 13, 2012
The story says "the woman interviewing him had searched for his Facebook and, upon discovering that it was private, asked him for the password." This makes no sense. You don't need to know someone's Facebook PASSWORD in order to view their profile. If they have secured it so that only their "Friends" can see it, then you just have to be their "Friend". So I think the question, as written in this article, is bogus.
But anyway, if a prospective employer asked to monitor my Facebook activity, I would ask to see a copy of the employee handbook. It would probably say something like "Anything you do on company computer equipment is the property of the company, and can be accessed by the company." And so my answer to them would be: "You are welcome to monitor all of my activity on the company computer, within the terms outlined in the employee handbook." And I would simply never access Facebook from the company computer, end of discussion.
If the employer was REALLY asking for the interviewee's Facebook PASSWORD, then, as the interviewee, if the above answer wasn't good enough, I'd say: "OK, I'll give you my Facebook password if you first give me YOUR Facebook password as well as the Facebook passwords of everybody else at the company who is going to be given access to mine." And then when I got home from the interview, I'd change my Facebook password.
BeachBum
5:37 pm on Tuesday, May 15, 2012
Has everybody gone crazy and let this site take over their pathetic lives that they need to brag about everything they do and every move their kids make - Get a life everybody, could care less what you just thought or are about to do on a daily basis - Facebook is basically for people who dont get any attention or want to make things seem better than they really are - Thumbs up for employers who ask for this information, it is related to the background check on nuts they are about to employ
Literati
11:14 pm on Tuesday, May 15, 2012
I've heard 2 sides to this story. I for one don't post anything using my name or image in FB that I wouldn't want my worst enemy to know. If you search my name on Google you might find a few articles about college awards that I won, that actually apply to me. I don't have my phone number linked to my FB or twiiter or Google account. Personal pictures belong on my personal PC. I think they youth is way too loose with their information but I'm a little old-fashioned that way.
On the other hand our online personas are slowly creeping into the business world more and more. More and more business have FB accounts it's not just for college kids anymore. I think a person should have a "professional" FB page. Add your co-workers and your friends who have enough sense to only link SFW things. Employers want to know what kind of person you are. Do you get out and have fun, do you enjoy knitting, did you see the Avengers, things like that who cares if everyone gets to see that. A lot of places want people who mesh with the team more than someone qualified (tons of people are qualified for the job. If they just wanted the most qualified person they wouldn't hold interviews). With certain jobs you could even bump up your chances, posting "sample work" (look at this idea I thought up while in the shower)
Just like in the past it was customary to create a professional e-mail address to put on your resume maybe it's time to have a professional FB account to give out to employers
B@B
10:25 am on Wednesday, May 16, 2012
LinkedIn is unrelated to Facebook.
Rob
6:59 am on Wednesday, May 16, 2012
Here's and interesting question. Is it morally okay ( I think it's perfectly legal ) for an employer to use software to obtain your username and password if you log on to facebook using your work, or better put, employers computer.
Should an employee expect any level of personal privacy while using equipment provided to them by their employer for the sole purpose of performing the job they were hired for. Can you imagine the collective amount of time wasted by employees on the internet at work.
Rob
7:01 am on Wednesday, May 16, 2012
Sorry, "an interesting question".
Harry
7:52 am on Monday, May 21, 2012
Sounds like Nazi Germany
Lenny
9:54 am on Monday, May 21, 2012
The whole point of the password is so you can get into your account and everyone else can't...period. If the company should happen to hire you, the first thing they'll make you do is sign a form stating that you won't give your business passwords to anybody.
It's almost like when I go on job interviews. They want to see the work that I've done for others, but they won't want the work I do for them shown to others.
Paul Umrichin
10:05 am on Sunday, July 1, 2012
Liar, liar, pants on fire!
concerned
7:56 am on Wednesday, June 20, 2012
Just tell them that you don't have a facebook account.. just change your face book name and remove your profile picture, only tell your close friend & family your secret user name...
Zigah Daniel
1:18 pm on Wednesday, January 16, 2013
facebook is best