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This legislation is crucial because, while it may be useful for employers to view social media presence and profiles to assess the behavior of current or potential employees, it is unwarranted for employers to request or demand login access to that social media account. Critics may fear this legislation will have unintended overreaching effects by prohibiting employers from accessing devices and accounts that they have every right to.
Some companies now ask for Facebook and social media passwords so they can check out job applicants. In May, Maryland became the first state to prevent employers or would-be employers from asking individuals for their passwords to social media sites. Savvy employers already check an applicant's "digital footprint." Some companies have gone even further, requesting or even demanding individuals' social media passwords to look at data not open to the public. SB 198 authorizes an employee or prospective employee to bring a civil lawsuit against an employer or prospective employer who violates the proposed law and to collect attorney’s fees in the event the employee or prospective employee prevails in such civil lawsuit.

Bill Introduced In Texas Legislature To Prohibit Employer From Asking You About Your Social Media Password.
Home > Articles > Bill Introduced In Texas Legislature To Prohibit Employer From Asking You About Your Social Media Password. Having solved all the other problems in Texas, including the problem of gun violence (prayer) and the problem of uninsured citizens (cutting Medicaid) the Texas legislature has turned to the burning issue of employers requiring employees to provide access information to employee's private social media accounts. Assembly Bill 1844 served to, “prohibit an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing personal social media, to access personal social media in the presence of the employer, or to divulge any personal social media. It is a violation of an individual’s privacy for an employer to ask for the password to his social media account. However, §980 accounts for this situation by including subsections (c) and (d) which clarify “(c) Nothing in this section shall affect an employer’s existing rights and obligations to request an employee to divulge personal social media reasonably believed to be relevant to an investigation of allegations of employee misconduct or employee violation of applicable laws and regulations, provided that the social media is used solely for purposes of that investigation or a related proceeding.

Holder Jr., announced that two Democratic senators requested he look into whether an employer who asked for a Facebook password violated federal law. And, when employers do this they put the employee in an impossible Catch-22: he can refuse and anger his employer or he can acquiesce and allow the employer to discover something disagreeable. Further, if an employer has an employee’s social media login information he could make posts and send messages acting as the employee or use it to sift through the social media account to find a reason to fire the employee where one doesn’t really exist.

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