Effective July 1, 2015, Vermont will become the latest state to prohibit an employer from requesting or requiring an employee or applicant to disclose their social media account information. Research indicates that more than 77 percent of companies use social media to research and recruit job candidates. Information gained from social networking websites is also used by employers to influence personnel decisions and facilitate workplace investigations. Some reasons for prohibiting employers’ access to personal social media accounts include employment discrimination concerns and protection of employees’ and applicants’ privacy rights. Another reason is the idea that applicants and employees should be judged on their skills and abilities, not private online activity.
Virginia H.B. 2081 generally prohibits an employer from requesting or requiring applicants or employees to disclose the username and password for their social media accounts. The law also prohibits any employer from requiring that applicants or employees add an employee, supervisor, or administrator to the list of contacts associated with their social media account. The law also prohibits an employer from disciplining, discharging or otherwise penalizing an employee or refusing to hire an applicant for failing to comply with a prohibited requirement or request. The law makes an exception to the social media protection for an employer’s formal investigation related to a violation of law or an employer’s written policies.
Virginia joins a growing list states that restrict employer access to employee and applicant social media account information. They include:
- Arkansas
- California
- Colorado
- Illinois
- Louisiana
- Maryland
- Michigan
- Montana
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- Oklahoma
- Oregon
- Rhode Island
- Tennessee
- Utah
- Virginia
- Washington
- Wisconsin