It used to be that when someone applied for a job, potential employers could only find out basic work history and get previous employers’ feedback. Depending on the job, employers are allowed to obtain some information via a background check.
Job applicants (and already-hired employees) today may have a wealth of personal information on social media that anyone can access if they don’t use privacy settings. Most people do use those settings to limit their audiences to people they know.
How have some employers violated privacy rights?
Employers shouldn’t base hiring and other employment decisions on personal information like a person’s political beliefs, social activities or family structure. However, there’s nothing to stop them from accessing information on social media that’s viewable by the public.
Unfortunately, some employers have required applicants and employees to give them access to their personal social media accounts. As of last year, New York state law prohibits that.
What does New York law say?
The law prohibits employers (including employment agencies) from requiring applicants or current employees to:
- Provide their log-in information for any personal social media account
- Grant them access to their account (as a follower or “friend”)
- Access their accounts in the employer’s presence for their review
- Provide content from their accounts to them (for example, via screenshots or printouts)
Further, the law prohibits employers from retaliating against those who decline to provide this information.
As noted, this applies only to personal accounts – not to “nonpersonal accounts” such as their professional social media accounts. Typically, these don’t have the same kind of privacy settings as personal accounts do.
Employers can require people to allow access to nonpersonal accounts as long as they provide advance notice. This kind of thing may be stated in an employment agreement.
Protect your privacy and your rights
It’s a good general rule to limit access to all personal social media accounts – but also to assume that anyone can potentially see anything you’ve posted, regardless of your privacy settings. That’s especially important to keep in mind if you’re job hunting or going for a promotion.
Nonetheless, it’s crucial to know your rights under the law and to be able to assert them effectively. If you believe they’ve been violated and that you’ve suffered harm as a result, it can be wise to get experienced legal guidance.
