Well this certainly had awkward timing. A conservative senator is currently being called out for some misfortunate Social Media postings. The situation is similar yet different. Elected public officials are held to a necessary higher standard than perhaps a job seeker should be.
However, the purpose of LD688 is to prevent these mis-intentional influences on employment decisions.
This bill protects the social media privacy of employees and applicants for employment.
The bill prohibits an employer from requiring or coercing an employee or applicant to disclose, or requesting that an employee or applicant disclose, the password or any other means for accessing a personal social media account. It also prohibits an employer from requiring or coercing an employee or applicant to access, or requesting that an employee or applicant access, a personal social media account in the presence of the employer or an agent of the employer. It also prohibits an employer from requiring or coercing an employee or applicant to disclose any personal social media account information, except when the employer reasonably believes it to be relevant to an investigation of allegations of employee misconduct or a workplace-related violation of applicable laws, rules or regulations but only when not otherwise prohibited by law. It that situation, the employer may access the information and use it solely to the extent necessary for purposes of that investigation or a related proceeding.
But the case can be made against postings made into the public domain without the sanctity of password protected private communications. So, let’s look beyond recent incidents and into the true purpose of LD688.
I agree with purpose & intent of this legislation. The extent that a job applicant has taken reasonable & prudent actions to protect private & privileged communications must be both honored & respected.
At this time, Wicked Good HR recommends that this legislation be passed into law.