Job hunters in New Jersey may have recently noticed a disturbing trend. A number of employers in the state are reportedly asking job applicants to provide their Facebook usernames and passwords. Many people feel that this is an unlawful violation of privacy, and an unnecessary barrier to employment, and as such New Jersey’s lawmakers have recently sent a bill to Gov. Chris Christie that would ban this practice.

The bill would allow employees and job applicants to sue employers who do ask them to turn over log-in information, or ask whether they have social media profiles. In addition to the lawsuits, employers that violate the ban could also be fined up to $2,500 by the state each time.

The bill passed with very little opposition, but it is unclear at this point whether Christie plans to sign it.

At least six states do have laws that prohibit employers or colleges from requesting social media information from current and potential employees or students. All of these laws were passed only last year, so this is very much new territory for employment law.

Regardless of whether the bill passes, New Jersey employers will still have access to any social media profiles that allow public view. Many New Jersey residents are wise to make use of privacy controls in order to avoid this, as well as to be careful about what information they share on sites like Facebook. And, of course those who feel their employment rights have been violated often benefit from seeking legal counsel.

Source: NJ.com “Bill to ban companies from asking about workers’ Facebook accounts is headed to governor,” Matt Friedman, March 21, 2013

Source: Arkansas Business, “Arkansas Lawmakers Advance Social Media Privacy Bills,” Michael Stratford, March 27, 2013

• Our Kingston employment law firm helps people stand up for their employment rightsand put an end to unfair, illegal treatment. More information about employment law in New Jersey is available on our website.