United States:
Employers Beware: Requiring Applicants Or Employees To Provide Social Networking Passwords Or Access To Private Accounts May Violate The Law
18 February 2016
Fox Rothschild LLP
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Researching candidates through social media, and monitoring
employees' online comments, have become routine practices for
many companies. However, when employers require their applicants or
employees to divulge their social networking usernames or
passwords, or to ''friend'' them on social media
sites, they may be violating the law.
It is now customary for most employers to use social media to
screen their applicants. A recent survey conducted for
CareerBuilder.com as of 2015 found that, 52 percent of hiring
managers use search engines to research candidates, up from 43
percent in 2014 and 39 percent in 2013.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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