Employers in the state of Virginia must now review their employment policies regarding their current and prospective employees’ social media. Under the new law (Bill 2081), Virginia employers are restricted from accessing personal social media accounts of employees and prospective employees. With the increasing interest in social networking, the aim of the new law is to protect employee privacy.
Employers can no longer require employees and prospective employees to disclose their username and password to their personal social media accounts. Employers are also prohibited from adding an employee, supervisor, or administrator to the list of contacts associated with the social media account. If the employee’s username and password is received “inadvertently,” through the use of an electronic device provided by the employer or a program that monitors the employer’s network, the employer is not liable for having the information. However, he or she may not use the information to gain access to the account. The new law prohibits employers from taking action or threatening to disclose, discipline, or penalize a current employee for exercising his or her rights. Similarly, employers are prohibited from refusing to hire an applicant for exercising his or her rights under this law.
Virginia employers, however, should be aware that if it is believed that the employee’s social media account activity can be relevant to a formal investigation, the username and password can be requested. Thus, an employer must be mindful of the scope of any investigation.