The California Senate Committee on Education has approved legislation – ‘The Social Media Privacy Act’ Senate Bill 1349 (SB 1349) – that would prohibit employers from formally requesting or demanding employees or job applicants provide their usernames and passwords to social media sites such as Facebook and Twitter. Authored by Senator Leland Yee (D-San Francisco/San Mateo), SB 1349 would also prohibit public and private colleges and universities from requiring similar information from students. The full text of ‘The Social Media Privacy Act’ (SB 1349) is available at: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1301-1350/sb_1349_bill_20120327_amended_sen_v98.html. (more…)

Responding to an increase in reports of employers seeking to gain “inappropriate access” to social network profiles of job applicants, online social media giant Facebook issued a warning to employers in a recent blog posted on the company website – ‘Protecting Your Passwords and Your Privacy’ – that the practice of asking job applicants for their social media passwords “undermines the privacy expectations and the security of both the user and the user’s friends” and could potentially expose businesses to “unanticipated legal liability.” The blog is available at: http://www.facebook.com/notes/facebook-and-privacy/protecting-your-passwords-and-your-privacy/326598317390057. (more…)

Employers and recruiters have discovered a treasure trove of information about potential job applicants on social media sites such as Facebook, LinkedIn, and Twitter, and so-called ‘social media background checks’ are becoming more popular and prevalent than ever. However, the use of social media background checks for job applicants has become controversial and can present legal risks. Failure to utilize social media resources can arguably be the basis of a negligent hiring claim if an unfit person was hired for a position where a search of the internet may have raised a “red flag.” Conversely, employers face numerous landmines and pitfalls that can include that include privacy, discrimination, and accuracy issues. Lawsuits and developments in this area will likely be an ongoing topic in 2012.  This is Trend Number 3 of the fifth annual ‘Employment Screening Resources (ESR) Top 10 Trends in Background Checks’ for 2012. To view the list of trends, visit http://www.esrcheck.com/ESR-Top-10-Trends-in-Background-Checks-for-2012.php. (more…)

Employers and recruiters have discovered a treasure trove of information about potential job applicants on social media sites such as Facebook, LinkedIn, and Twitter. However, the use of these sites can present legal risks, including privacy and discrimination issues, according to safe hiring expert Les Rosen, CEO of Employment Screening Resources (ESR), who will present the 90 minute webinar ‘Avoiding Legal Landmines when Using Facebook, LinkedIn & Other Social Media Websites for Screening Candidates’ on Monday, December 12, 2011 at 2:00 p.m. ET / 11:00 a.m. PT. To learn more or to register, visit http://www.thompsoninteractive.com/site/offer.jsp?promo=00125651&priority=00295701745. (more…)

 Should employers be allowed to ask job applicants for the logins and passwords to their social network site profiles such as Facebook as part of employment background checks? The answer to this question may involve the next frontier of online privacy, suggests the American Civil Liberties Union (ACLU), after the Maryland Department of Corrections (DOC) asked a job candidate for his Facebook login information as part of a background check. (more…)