View Poll Results: Should it be illegal for employers to ask for Facebook passwords?

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  • This is already illegal, covered under existing anti-discrimination laws

    11 25.58%
  • We need new legislation to make this illegal

    17 39.53%
  • It's poor judgment on the part of the employers, but doesn't need to be illegal

    13 30.23%
  • It should be legal, so that employers can conduct a thorough background check

    2 4.65%
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Thread: Employers asking for Facebook passwords

  1. #81
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    Re: Employers asking for Facebook passwords

    Quote Originally Posted by Phoenix View Post
    No, but they can require YOUR PERMISSION as a condition of employment. Essentially the only punishment here is loss of employment (or not employing at all) A person has no RIGHT to be employed by a company.
    And a company has no right to ask about an individuals private life.

  2. #82
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    Re: Employers asking for Facebook passwords

    Quote Originally Posted by OhIsee.Then View Post
    Because the employer is a private person, e.g. any corporation.
    Quote Originally Posted by Blackdog View Post
    Can a private corporation or entity monitor your phone voice mail or open your mail? No, it is a felony. Why would my private Facebook account be any different?
    But private corporations can require an employee to allow them to. So, if this becomes typical you can't get a job unless you allow them to. And then they may think your lying if you don't do Facebook.


    Quote Originally Posted by Blackdog View Post
    Right kind of Christian? You mean a Catholic church not wanting to hire a Protestant of something of that nature? That is not an invasion of privacy. Opening someones private messages is.
    In particular I mean an engineering company that is dominated by certain evangelicals not hiring a Mormon or atheist.

  3. #83
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    Re: Employers asking for Facebook passwords

    Quote Originally Posted by Phoenix View Post
    They could also find it out by LOOKING AT THEM
    Not always. If a person has olive-colored skin and a neutral-sounding accent/name, there are many ethnicities they could plausibly be...Italian, Mexican, Egyptian, Persian, Indian. But if you view their Facebook profile and see that they're a fan/member of La Raza or UNICO, you're probably going to have a much better idea of their ethnicity.

    or LISTENING to them in many cases.
    If for some reason they mention their race or their religion on their own in the course of conversation, then they improperly volunteered that information and typically will not have a lawsuit if you don't hire them. In this case, the employer is the one who asked to view their Facebook profile, and so they can't claim that the applicant improperly volunteered that information.

    Are we going to no longer allow interviews face to face or via phone? Maybe we should redact names on resumes and applications also. African Americans, people from India, and Vietnamese all have distinctive names.
    There is a difference between providing the employer with basic things they need to communicate directly with you (e.g. your name, your presence or telepresence at an interview, etc.) Scouring their Facebook profile would be more akin to asking the employee "Are you a member of a synagogue?" or "Are you a member of the NAACP?" and then not hiring them if they say yes. Those questions would be improper, and the applicant would have a very strong case that they were discriminated against.
    Last edited by Kandahar; 04-03-12 at 10:53 PM.
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  4. #84
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    Re: Employers asking for Facebook passwords

    Quote Originally Posted by winston53660 View Post
    And a company has no right to ask about an individuals private life.
    They have a right to ask. They do it with credit reports.
    From the ashes.

  5. #85
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    Re: Employers asking for Facebook passwords

    Quote Originally Posted by Kandahar View Post
    Not always. If a person has olive-colored skin and a neutral-sounding accent/name, there are many ethnicities they could plausibly be...Italian, Mexican, Egyptian, Persian, Indian. But if you view their Facebook profile and see that they're a fan/member of La Raza or UNICO, you're probably going to have a much better idea of their ethnicity.
    If for some reason they mention their race or their religion on their own in the course of conversation, then they improperly volunteered that information and typically will not have a lawsuit if you don't hire them. In this case, the employer is the one who asked to view their Facebook profile, and so they can't claim that the applicant improperly volunteered that information.
    There is a difference between providing the employer with basic things they need to communicate directly with you (e.g. your name, your presence or telepresence at an interview, etc.) Scouring their Facebook profile would be more akin to asking the employee "Are you a member of a synagogue?" or "Are you a member of the NAACP?" and then not hiring them if they say yes. Those questions would be improper, and the applicant would have a very strong case that they were discriminated against.
    Opening an employer to liability does not equal illegal. Just as knowing someone's affiliations doesn't automatically equal discrimination. (contrary to the link in the OP to the resignation letter)
    From the ashes.

  6. #86
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    Re: Employers asking for Facebook passwords

    Quote Originally Posted by Phoenix View Post
    They have a right to ask. They do it with credit reports.
    Individuals have rights not employers.

  7. #87
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    Re: Employers asking for Facebook passwords

    Quote Originally Posted by Phoenix View Post
    Opening an employer to liability does not equal illegal.
    I mean "illegal" in the civil sense; I'm not referring to hauling them off to jail for doing it. My question was whether potential/current employees should have the right to sue an employer who asks to snoop around their Facebook, just as they can if an employer asks if they're a member of a synagogue.

    Just as knowing someone's affiliations doesn't automatically equal discrimination.
    I think an employee would have a pretty strong case for discrimination if the employer made disclosure of their religious or ethnic affiliations a condition for employment. If the employer flat-out asked an applicant if they were a member of a synagogue, then refused to hire them after they said yes, I doubt any judge would look too favorably on it. Yet you can glean that same information from someone's Facebook profile in many cases.
    Last edited by Kandahar; 04-03-12 at 11:27 PM.
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  8. #88
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    Re: Employers asking for Facebook passwords

    Quote Originally Posted by winston53660 View Post
    Individuals have rights not employers.
    Who owns companies?
    From the ashes.

  9. #89
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    Re: Employers asking for Facebook passwords

    Quote Originally Posted by Phoenix View Post
    Who owns companies?
    Ownership can be highly varied from a sole proprietorship to a partnership and various other derivatives.


    No one can own a individual.

  10. #90
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    Re: Employers asking for Facebook passwords

    Quote Originally Posted by winston53660 View Post
    Ownership can be highly varied from a sole proprietorship to a partnership and various other derivatives.


    No one can own a individual.
    It boils down to a person hiring a person. A business has rights associated with the owner. An owner has to have the right to fire people. The owner grants a person the privilege of allowing them on his property to perform a service for him. He can (or should be able) at anytime revoke the privilege to come on his property. In the current situation the owner stated he will grant the employee the privilege of employment if the employee grant him the privilege of a looksey into the facebook account.
    From the ashes.

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