Sen. Chuck Schumer (D-N.Y.) and Sen. Richard Blumenthal (D-Conn.) have asked the U.S. Department of Justice and the EEOC to issue an opinion on one of today’s hot-button employment law issues: Is it a violation of the Stored Communications Act or any other federal law for an employer to ask job applicants to provide their Facebook passwords?
Two courts have already ruled that supervisors violate the Stored Communications Act when they request employees’ Facebook passwords and access information on their Facebook pages.
The worry: Social media content often includes information regarding a person’s familial, marital and disability status, as well as religious and political beliefs. That’s all information that federal law prohibits employers from collecting during the hiring process.
Schumer and Blumenthal noted in their letter that court decisions on the issue concerned supervisors and current employees.
The senators want to know if job applicants have the same protections as employees.