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Employers asking for Facebook passwords

Should it be illegal for employers to ask for Facebook passwords?

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

    Votes: 9 25.7%

  • We need new legislation to make this illegal

    Votes: 15 42.9%

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

    Votes: 9 25.7%

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

    Votes: 2 5.7%
  • Total voters
    35
Kandahar

Kandahar

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As some of you may have heard, some employers are starting to ask their employees or potential employees for their Facebook passwords, in order to "do a background check" on them. Some have implemented this practice as a condition for employment, a condition for promotion, or even as a condition to not be fired. Obviously this is a huge invasion of privacy, but it also seems to walk a very fine line when it comes to existing anti-discrimination laws. If a potential employer browsed someone's Facebook, they could find out a lot more than their drinking habits...they could reasonably be expected to find out the person's religion, race, sexual orientation, whether they are expecting a child, what their political views on unions are, etc.

Is this really a road that we should go down? Do we need legislation preventing this? What happens if an employer views someone's Facebook, sees that they're a member of a group typically associated with a certain race (e.g. NAACP or ADL or La Raza), and then decides not to hire them? Who knows if that was the actual reason they weren't hired, but I think the person could reasonably make the claim that they were discriminated against.

And here is a great resignation letter from a man who had to ask potential employees for their Facebook passwords before he could hire them: I hereby resign - raganwald's posterous
 
What's with the stupid Nixon letter? Had to go irrelevent?
 
Along with all the other aspects that you talked about there is one other that could be used in a very wrong way. They, or someone that found out the password due to it being in a file somewhere, could post something on your FB (or like site) that you never said. Something that could get you fired or get osterized by friends and/or family.

Also there is the aspect that for some sites, they put in their TOS not to give out your password to anyone, and if they find out that you did then they can ban you from their site. (I know a lot of online games do this...not so sure about social sites though...)

Obviously from these examples I am against an employer asking for such a thing. I'm not so sure if we should get the government involved though. Everytime the government gets involved things become crappy real quick. I suppose if too many employers start doing this then the government might very well need to get involved though. :( Because honestly I'm not sure that the courts could do anything about it. Like you said its a "he said she said" type deal with no way to prove anything one way or the other. And you do have the option of turning down employment that requires such a thing so it is completely "your choice".
 
if existing laws don't render this practice illegal, new laws should.
 
Now that i've read the letter, and yeah, the Nixon letter aside, I don't blame the guy one tiny ounce. And yes I do believe that it could open up a whole new chapter in lawsuit history if they are not extremely careful. So maybe this kind of thing won't get big enough for the government to intervene...at least until companies find out a way around discrimination suits....
 
I think it is already illegal depending if your account is private or not. My account is private and so an expectation of privacy exist even from an employer. If it was public, then no such expectation exist.

PS: Since my account is private it does not come up in a search anyway. So I can just say I don't have one. End of story.
 
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To me it's an unjustified intrusion into one's personal life by an employer. My as well bring your mail to work everyday and let them paw through that. Forward all your e-mails while you're at it. Hell, even record your phone conversations. Chances are many people would reveal less personal information from these other activities than through their Facebook account.

I also have to wonder, if the employers fails to keep the password secure does that now make them liable for any issues that arise like identity theft? We already know businesses get hacked and their information stolen, this just seems like one more way to make life easier on the criminals. :(

ZDNet has had several blogs about this already and I expect more.
The demand for Facebook login information is not only a gross breach of privacy for Officer Collins and his friends, it raises significant legal concerns under the Federal Stored Communications Act and Maryland state law, which protect privacy rights and extend protections to electronic communications ... As many of us begin to rely on sites like Facebook to stay connected to our friends and family, it’s important for employers and the government to keep in mind that, for most users, Facebook is a medium for private communications.
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Employer demands Facebook login credentials during interview | ZDNet

Teacher’s aide fired for refusing to hand over Facebook password | ZDNet
US senators: Investigate employers asking for Facebook passwords | ZDNet
 
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It's a violation of Facebook's terms of service to give out your password to your employer, iirc. Iirc, that's what Facebook came out and said not tat long ago.
 
Normally I support a private sector employer with a lot of flak, but I would dare them to try that with me. My lawyer will give them my password. It'll come with the subpoena and the writ.
 
Blackdog said:
I think it is already illegal depending if your account is private or not. My account is private and so an expectation of privacy exist even from an employer. If it was public, then no such expectation exist.

PS: Since my account is private it does not come up in a search anyway. So I can just say I don't have one. End of story.
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One should be able to , or simply just say "none of your damned business" !
Of course, many upper management positions are most sensitive, the company must have ways of protecting themselves..
 
earthworm said:
One should be able to , or simply just say "none of your damned business" !
Of course, many upper management positions are most sensitive, the company must have ways of protecting themselves..
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Then why can't they ask to review my private mail or email? If my account is private, it is just that.
 
sawyerloggingon said:
The way I understand it this started with hiring cops. I can see the logic in that but not for any other job except maybe teachers. You don't want a racist cop or a sex perv teacher.
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It does not matter what kind of job it is, people have a right to privacy. A job no matter how important cannot look into your private mail, phone calls or even email. So why would a private Facebook account be any different?
 
If an employer asks for your Facebook password, and you give it to him, in my opinion you have just invaded the privacy of all of your Facebook Friends. What right do you have to do that? I belong to a Private Group on Facebook that relates to Tom's son's efforts to adopt a child from China . . . pictures of the baby, heart-felt stories, etc. What right do I have to give out my password so some complete stranger can invade their privacy without their consent?

I don't like new laws. I think we've got plenty of laws. But I also think we need this one. It's in invasion of privacy.

In the meantime, anyone looking for a job should get SMART. Set their Facebook options to Private. And tell their prospective or current employers they don't have a Facebook account.
 
Why should they need, or want your password? What are they going to do, start messaging people as you?
 
I picked "It's poor judgment on the part of the employers, but doesn't need to be illegal", as that pretty much sums up my overall feelings, but... on this issue I would not protest at all if a law were passed making it illegal.
 
My No.3 wish is that all SNS, Facebook, Twitter, and all such garbage would just suddenly disappear without a trace, so that some people can just have a little peace of the mind, hearing about such trash in newspapers, TV, and in the internet, even though they don't take part and have no wish to take part on said sites
 
I would be fine if they wanted me to show them my facebook page, so I would not have to give them my password. But aside from one person, no one will ever know my password.
 
radcen said:
IMO, there's no need even for cops.
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I am not saying there is an absolute need to do this with cops and teachers, I am only saying I can see the logic with these two professions. With the vast majority of jobs I can see no reason to invade a potential employees private life, non whatsoever. On the other hand now that I think about it, what is more invasive, looking at your face book or some nurse watching you pee in a cup so your private bodily fluids can be tested?
 
sawyerloggingon said:
I am not saying there is an absolute need to do this with cops and teachers, I am only saying I can see the logic with these two professions. With the vast majority of jobs I can see no reason to invade a potential employees private life, non whatsoever. On the other hand now that I think about it, what is more invasive, looking at your face book or some nurse watching you pee in a cup so your private bodily fluids can be tested?
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my wife has posting guidelines for Facebook due ti her being a teacher

Sent from my YP-G1 using Tapatalk. My YP-G1 is a very nice device that hardly ever explodes or shoots jets of burning acid at my face. Samsung has done a good job in that respect in building it. However one has to consider hamsters in regard to android as cyborg hamsters are very cool. Imagine how fast an Android hamster could run in their exercise wheel for example.
 
Kandahar said:
As some of you may have heard, some employers are starting to ask their employees or potential employees for their Facebook passwords, in order to "do a background check" on them. Some have implemented this practice as a condition for employment, a condition for promotion, or even as a condition to not be fired. Obviously this is a huge invasion of privacy, but it also seems to walk a very fine line when it comes to existing anti-discrimination laws. If a potential employer browsed someone's Facebook, they could find out a lot more than their drinking habits...they could reasonably be expected to find out the person's religion, race, sexual orientation, whether they are expecting a child, what their political views on unions are, etc.

Is this really a road that we should go down? Do we need legislation preventing this? What happens if an employer views someone's Facebook, sees that they're a member of a group typically associated with a certain race (e.g. NAACP or ADL or La Raza), and then decides not to hire them? Who knows if that was the actual reason they weren't hired, but I think the person could reasonably make the claim that they were discriminated against.

And here is a great resignation letter from a man who had to ask potential employees for their Facebook passwords before he could hire them: I hereby resign - raganwald's posterous
Click to expand...

If it isn't already illegal then it should be made illegal. There should be a whole bunch of privacy invasions that should be illegal for an employer to do. There might be a bunch of potential employees who will refuse to submit their passwords but just like drug tests and other invasions of privacy there is a enough who will submit to them that will made it standard practice in the work place.
 
jamesrage said:
If it isn't already illegal then it should be made illegal. There should be a whole bunch of privacy invasions that should be illegal for an employer to do. There might be a bunch of potential employees who will refuse to submit their passwords but just like drug tests and other invasions of privacy there is a enough who will submit to them that will made it standard practice in the work place.
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Unfortunately, I believe this to be correct. :(
 
A competent investigative firm can find out whatever a person has posted on Facebook or other social media as well as criminal and financial background. The ones we use are not USA based and not subject to USA law. We only hear yeah or nay on the person and our fingerprints are not even on it. ;)

.
 
Kandahar said:
As some of you may have heard, some employers are starting to ask their employees or potential employees for their Facebook passwords, in order to "do a background check" on them. Some have implemented this practice as a condition for employment, a condition for promotion, or even as a condition to not be fired. Obviously this is a huge invasion of privacy, but it also seems to walk a very fine line when it comes to existing anti-discrimination laws. If a potential employer browsed someone's Facebook, they could find out a lot more than their drinking habits...they could reasonably be expected to find out the person's religion, race, sexual orientation, whether they are expecting a child, what their political views on unions are, etc.

Is this really a road that we should go down? Do we need legislation preventing this? What happens if an employer views someone's Facebook, sees that they're a member of a group typically associated with a certain race (e.g. NAACP or ADL or La Raza), and then decides not to hire them? Who knows if that was the actual reason they weren't hired, but I think the person could reasonably make the claim that they were discriminated against.

And here is a great resignation letter from a man who had to ask potential employees for their Facebook passwords before he could hire them: I hereby resign - raganwald's posterous
Click to expand...

An interesting aside, how would this practice affect me, a person who doesn't do facebook or any other social media sitesn
?
Could I be denied empoyment for NOT having a facebook account for them to examine?

I've never used commercial credit so my credit score is actually zero. And my insistence on only spending money I HAVE is now considered a valid reason to deny me employment.
 
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