A survey commissioned by CareerBuilder found that 37 percent of hiring managers use social networking sites to research job applicants, with over 65 percent of that group using Facebook as their primary resource. They also found that a significant percentage of job seekers are passed over because of inappropriate posts on Facebook, Twitter and other social media sites. The Associated Press reported, employers are increasingly asking job applicants to turn over their Facebook user IDs and passwords as part of the interview process. The fact is that in 88 percent of U.S. states, an employer can require you to hand over your social media password before they hire you! Congress has been asked to consider a law making such demands illegal on the grounds that they constitute an invasion of privacy. However, the provision, proposed by Rep. Ed Perlmutter (D-Co.), was voted down 224-189. “People have an expectation of privacy when using social media like Facebook and Twitter. They have an expectation that their right to free speech and religion will be respected when they use social media outlets. No American should have to provide their confidential personal passwords as a condition of employment. Both users of social media and those who correspond share the expectation of privacy in their personal communications. Employers essentially can act as imposters and assume the identity of an employee and continually access, monitor and even manipulate an employee's personal social activities and opinions. That's simply a step too far.” Perlmutter explained in a Huffington Post Article. California and Illinois became the most recent states to pass the social media password protection laws. Six states, California, Delaware, Illinois, Maryland, Michigan and New Jersey enacted legislation in 2012 that prohibits requesting or requiring an employee, student or applicant to disclose a user name or password for a personal social media account. California, Illinois, Maryland, and Michigan laws apply to employers. California, Delaware, Michigan and New Jersey have laws that apply to academic institutions. Follow our Blog at: http://planninglogic.wordpress.com/

1. The Facebook
Face-off
By Alixandra Porembski
Planning Logic

2. Can Employers ask to access
your Facebook Page?
 A survey commissioned by the online
employment website CareerBuilder found
that 37 percent of hiring managers use
social networking sites to research job
applicants, with over 65 percent of that
group using Facebook as their primary
resource.

3. Facebook in Congress:
 No laws make it illegal for employers to
demand access to their workers’ password-
protected Facebook accounts.
 Congress was asked to consider a law making
such demands illegal on the grounds that
they constitute an invasion of privacy.
 The provision, proposed by Rep. Ed Perlmutter
(D-Co.), was voted down 224-189, with
Republicans constituting the majority.

4. Legislation:
 In 44/50, 88 percent of U.S. states, an
employer can require you to hand over your
social media password before they hire you!
 Six
states, California, Delaware, Illinois, Maryland,
Michigan and New Jersey enacted
legislation in 2012 that prohibits requesting or
requiring an employee, student or applicant
to disclose a user name or password for a
personal social media account.

5. Companies say:
 We are trying to learn as much as we can about
workers, trying to avoid costly hires.
 Background checks are essential among public
agencies, especially law enforcement positions
like police officers or 911 dispatchers.
 Social Intelligence, an online company that claims to
be the leading provider of social media screening
utilizes “social media background checks” to research
prospective employees’ entire social online presence
and provides detailed reports of questionable findings
to hiring managers.

6. Others claim:
 Access to personal accounts is needed to protect
proprietary information or trade secrets, to comply
with federal financial regulations, or to prevent the
employer from being exposed to legal liabilities.
 Sears Holdings Inc. said using a Facebook profile
to apply allows Sears to be updated on the
applicant's work history.
 Because “people keep their social profiles
updated to the minute, which allows us to
consider them for other jobs in the future or for
ones that they may not realize are available
currently.”

7. What about Discrimination?
 Federal law prohibits employers from
discriminating based on gender, race, and
religion; and state and local laws protect
employees from discrimination based on sexual
orientation, political affiliation, and even, in some
cases, appearance.
 If an employer discovers a job applicant is a
member of a protected group for anti-
discrimination purposes, the employer might be
vulnerable if it doesn’t ultimately hire that person.
 Facebook pages often reveal race, religion,
ethnic background, sexual orientation, marital
status, and age.

8. I conducted a
survey of Friends,
Family, and
Colleagues, asking
about the
practices of their
companies and
their personal
opinions on the
matter.
22 Responded

9. Opinions:
 “(Employers)should be able to access what the
user chooses to make public”
 “Some (of my coworkers) do perform web
searches for applicants, but personal social media
platforms are discounted. It's never a factor in the
hiring process.“
 “Employees should have a personal life that is
beyond the reach of the employer. What they do
with their personal time should be personal so long
as it is not illegal.”

10. Q: Does your company
currently request to see
employees or applicants
Facebook pages?

11. Q: How comfortable are you
sharing your Facebook page
with your employer?

12. Q: Are you Friends on your
Facebook page with your
Boss?
27.27%
72.73%

13. Q: Do you feel it is legal for
companies to access the
Facebook pages of
employees?

14. Have you been asked?
Are you surprised to learn how few states
have passed password protection laws?
Do you think employers have a point about
hiring the right people, or is this just a
blatant violation of privacy?

15. It changed mine!
Follow our Blog at:
http://planninglogic.wordpress.com
Will this change
our online
behavior?