The original bill stated that workers could sue employers who violate the ban by inquiring about their social media accounts. Christie did not like that provision, and he claimed that it may actually be important for some hiring managers to ask job applicants about their social media use.

The assembly decided to go along with Christie’s requests and strike the provision of the bill that allowed litigation as well as others. The Senate will also have to pass similar changes before the bill is sent back to the governor’s desk.

If it is passed into law, New Jersey employers would be banned from asking employees or applicants for their log-in information for sites like Facebook and Twitter, and they could be fined for violations.

However, as mentioned above, it would not allow employees or applicants to sue employers and a number of other employee protections that were in the original bill have also been stripped.

The original bill would have banned employers from asking workers and applicants whether they have social media accounts and it also would have made it illegal for employers to discipline employees or base hiring decisions on information they find posted publicly on social media sites.

While this version of the bill may not be as employee-focused as the earlier one, New Jersey residents should take note that social media privacy issues may be covered by overarching employment laws in some cases. For example, if an employer learns that an applicant is pregnant or disabled via a Facebook profile, it would violate anti-discrimination laws to make hiring decisions on the basis of that type of information.

So, although the social media privacy bill has been watered down, employees and applicants who feel they have been treated unfairly due to these types of issues should still seek legal counsel to learn whether they might have a claim under another state or federal law.

Source: The Jersey Journal, “Ramos’ bill to keep job-seekers’ social media info private OK’d by Assembly,” Charles Hack, May 21, 2013