A new law in Nevada signed by Governor Brian Sandoval – Assembly Bill 181 (A.B. 181) – will restrict employer access to social media accounts and credit report information of both employees and job applicants beginning on October 1, 2013. The full text of Nevada Assembly Bill 181 is available at http://www.leg.state.nv.us/Session/77th2013/Bills/AB/AB181.pdf.
As used in A.B. 181, “social media accounts” refer to any electronic service or account or electronic content, including videos, photographs, blogs, video blogs, podcasts, instant and text messages, electronic mail programs or services, online services, or Internet website profiles. The law provides protections to personal social media accounts of employees or applicants in the following ways:
- A.B. 181 prohibits employers from asking employees or applicants for their user names, passwords, or other information that provides access to their personal social media accounts.
- A.B. 181 prohibits employers from taking action or threatening to take action against employees or applicants for not providing access to their social media accounts.
- However, A.B. 181 does allow employers to require employees to disclose user names, passwords, or other information to internal “nonpersonal” accounts or services.
A.B. 181 also prohibits employers from asking employees and applicants to submit consumer reports or other credit information as a condition of employment and also provides these protections:
- A.B. 181 prohibits employers from using, accepting, referring to, or inquiring about consumer credit reports or other credit information.
- A.B. 181 prohibits employers from discharging, disciplining, discriminating against, or denying employment or promotions to employees or applicants who don’t provide a consumer credit report or other credit information.
- However, A.B. 181 allows employers to request or consider a consumer report for employment purposes if: 1.) The employer is required or authorized by state or federal law to use a consumer report; 2.) The employer believes the consumer has engaged in activity which may violate a state or federal law; or 3.) The information in the consumer report is “reasonably” related to the position for which the consumer is being evaluated as outlined in the law.
Several states have passed legislation regarding the use of social media account and credit report information by employers for employment purpose. To educate employers about the use of social media and credit reports, Employment Screening Resources® (ESR) offers complimentary whitepapers written by ESR Founder and CEO Attorney Lester Rosen at http://www.esrcheck.com/Download/.
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About Employment Screening Resources® (ESR): Founded by safe hiring expert Attorney Lester Rosen in 1997, Employment Screening Resources® (ESR) – ‘The Background Check Authority®’– provides accurate and actionable information that empowers employers to make informed hiring decisions for the benefit of their organizations, employees, and the public. Founder and CEO Rosen literally wrote the book on background checks with ‘The Safe Hiring Manual’ and ESR is accredited by The National Association of Professional Background Screeners (NAPBS®), a distinction held by a small percent of screening firms. Employers choosing ESR know they have selected an agency meeting the highest industry standards. To learn more about Employment Screening Resources® (ESR), visit http://www.ESRcheck.com or call Toll Free 888.999.4474.
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