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Maryland Bans Employers From Asking For Facebook Passwords

Freddybear writes with news that yesterday Maryland passed a bill through both houses of the state legislature that would forbid employers from requiring job applicants or employees to provide access to social media accounts. The bill now awaits only the signature of governor Martin O'Malley. "The bill is the first of its kind in the country, and has shined a spotlight on the practice of employers demanding personal social media passwords from potential hires, [said Melissa Goemann of the ACLU]." Similar legislation is being developed in California, Illinois and Michigan, according to the Washington Post.

31 of 211 comments (clear)

  1. Not a problem by Billly+Gates · · Score: 5, Interesting

    Just accept that friendly request from that HR lady as a condition of employment.

    Just last night I saw an ad on craigslist where the employer wanted me to click on a emloyment site that used Facebook as a login and requirement. I figured it was a scam. But it did offer a new password that you could choose different from Facebook but you had to friend the site first ... and the employer can check to see if you have a pic drinking or do a grammar and spelling check on your casual entries etc.

    1. Re:Not a problem by russotto · · Score: 4, Funny

      Just last night I saw an ad on craigslist where the employer wanted me to click on a emloyment site that used Facebook as a login and requirement. I figured it was a scam. But it did offer a new password that you could choose different from Facebook but you had to friend the site first ... and the employer can check to see if you have a pic drinking or do a grammar and spelling check on your casual entries etc.

      Such trolling opportunities. Fake facebook account, with goatse et al shared to "friends only".

    2. Re:Not a problem by Osgeld · · Score: 5, Insightful

      "and the employer can check to see if you have a pic drinking"

      and they can look at it all they want, they are not my mother and I am well beyond legal age to drink, they dont like it then they can kiss every square inch of my ass cause I would not fit in to their "sand vagina" culture anyway.

    3. Re:Not a problem by LordLucless · · Score: 5, Informative

      No, just create a "People That Suck" group, set your default privacy policy to exclude that group, and add your employer to that group. To your employer, it'll just look like you never use Facebook.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    4. Re:Not a problem by BenJCarter · · Score: 3, Funny

      Sand Vagina. That's rough.

      --
      For in politics, as in religion, it is equally absurd to aim at making proselytes by fire and sword. - Publius
    5. Re:Not a problem by Renraku · · Score: 3, Insightful

      Many states are at will employment. They don't want to have to worry about the small chance that you might have a problem with alcohol and sometimes maybe come in late for work on Monday morning due to a hangover. They might also have religious reasons for regulating your drinking. If they exclude you because you drink, they can probably find ten more people similar to you that might claim not to drink, or might simply just not drink.

      Everyone thinks that it will be epic when/if marijuana is legalized, but you bet your ass insurance companies will still employers to test for it or they won't insure them. Nothing is preventing them from simply not hiring people that like to smoke it.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    6. Re:Not a problem by Osgeld · · Score: 3, Interesting

      I grew up in, and still live in a "right to work" state, which really means the employers have absolutely no reason to even give you a reason as they boot you out the door. Monday morning hangovers have never been an issue, and I have worked for a few places that do not require a drug test at all with reasonable insurance, though you show up after lunch, glassy eyed and giggly, up your gone.

      somehow its never been a problem, maybe becuase I know better, and am not a retard who thinks just because I got a job one day, I deserve it for life

    7. Re:Not a problem by daem0n1x · · Score: 3, Insightful

      Company-mandated drug and alcohol tests are illegal my country, except for a few professions, like cop, trucker or pilot, for obvious reasons. When you talk about those things I always wonder why so many Americans feel so smug because their country has more "liberty" than mine. It seems your so boasted "liberty" is the liberty for the rich and powerful to make other people's lives miserable at their whims.

      You seem to live in a Corporate dystopia and feel like it's normal. Companies have absolutely no right to stick their nose in what you do outside business hours. It's not their business if you're gay, drink or smoke joints, have mistresses, belong to any club, organisation or religion, etc. Here in Europe we consider our private life to be sacred.

      And we really don't give a fuck if politicians do these things, unless they're hypocritical right-wing sanctimonious pricks, of course. We're more concerned that they might be corrupt, which is what really matters for their jobs, not if they love pussy or beer.

      If you do your work right, why the fuck should your employer mind what you do at home?

    8. Re:Not a problem by BVis · · Score: 3

      Because the liability (and other) insurance companies MAKE them care. "Drug test your employees or your liability insurance premiums double". "You had an employee have the nerve to get cancer last year, your health insurance premiums just went up 50%" (This could be used as an excuse to fire anyone who smokes. You laugh, but it's happened.)

      Just another case of a country run for the corporations, by the corporations. It isn't the 1 president or 535 congresscritters or the 9 justices that make the decisions that matter in this country, it's whoever has the most money.

      --
      Never underestimate the power of stupid people in large groups.
  2. Re:Do employers really ask for your fb password? by Anonymous Coward · · Score: 4, Interesting

    I've never heard of an employer asking this before. Do they try to save money buy using it as an alternative background check or something? Asking for someone's password seems ridiculous.

    In the words of Bill Hicks, "Where's all this shit happening?!"

    I keep reading about this but have never seen it happen myself or talked to anyone whose had it happen to them.

  3. We really had to make a law for this? by xQx · · Score: 3, Insightful

    The surprising part about this news is that they actually had to pass a law making this practice illegal!

    You would think this is such an obvious invasion of privacy that it would be covered by existing laws.

    Still, if the great US of A is lecturing the world about "Internet Freedoms" while simultaneously perusing wikileaks for "terrorism", trying to pass laws like the SOPA, PIPA and shoving the ACTA down the throats of the rest of the world, I guess we shouldn't take anything for granted.

    Ahh, where else but America... "The land of the free".

    1. Re:We really had to make a law for this? by nedlohs · · Score: 3, Insightful

      Because they aren't the government and hence the 4th amendment is irrelevant.

      Also note that the 4th amendment doesn't say that the government can't ask to look at your stuff - just that they can't force you to let them (without probable cause/etc). So even if it was relevant it wouldn't stop a potential employer from asking.

    2. Re:We really had to make a law for this? by stretch0611 · · Score: 3, Insightful

      It's not really an invasion of privacy if you hand over the information yourself.

      Is it still not a privacy invasion if you haven't been able to pay the rent/mortgage for a few months, your water and electricity are about to be shut off and somebody says "give me your password if you want this job..."

      --
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  4. Re:I hope it isn't too specific. by TheBlueCrab · · Score: 5, Informative

    It seems like its broad enough. Here's the actual bill itself.

  5. Re:Do employers really ask for your fb password? by DarwinSurvivor · · Score: 5, Insightful

    In British Columbia, Canada there is actually a list of things an employer is NOT allowed to ask you (age, marital status, religion, sexual orientation, etc), and almost all of them can be answered by viewing your facebook account.

  6. Re:Do employers really ask for your fb password? by cpu6502 · · Score: 4, Informative

    The Maryland government police were asking for facebook passwords. Then it was discovered some private employers do the same, so the Legislature stepped forward and did its job (banned the practice). Now we just need to get the other 49 Member States of the union to do the same. :-)

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  7. Re:Do employers really ask for your fb password? by MaskedSlacker · · Score: 5, Informative

    Los Angeles County Sheriff's Department requires it for one that I know of personally.

  8. Re:What if by Anonymous Coward · · Score: 4, Funny

    You'd be my first pick. Can't stand fadbook, it's like AOL for retards. AOL is like the web for retards. The web is like the Internet for retards. As for the Internet...Al Gore is a retard. It all makes sense now.

  9. Re:What if by swillden · · Score: 4, Insightful

    I've said it before and apparently I'll say it again. This is how the interview would go:

    HR Person: "Please provide your login credentials for Facebook." Interviewee: "I don't use Facebook." HR Person: "Right. 'Refused to provide Facebook login credentials.'"

    Result: Circular file.

    Not for me. Here's how it would go:

    HR Person: "Please provide your login credentials for Facebook."
    Me: Have a nice day (as I stand to leave)
    HR Person: Where are you going?
    Me: To interview with better companies.

    --
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  10. Re:Does the submitter know how laws are made? by Fluffeh · · Score: 4, Informative

    Which is it?

    Neither and both. This is the final stage in the law-making process. It has passed through both houses of the state, which means that all the folks have agreed to it as it is. While the Govenor *could* veto it, even not signing it means it passes into law. While it is possible that this falls over through a veto, it is one of those one in a million chance things. So, effectively, you can say once both hosues agree, it has passed, but is still awaiting the formality of the boss' signature.

    --
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  11. Re:Do employers really ask for your fb password? by __aaltlg1547 · · Score: 3, Informative

    My daughter applied for a job and they asked to see her Facebook page.

  12. Think further. by khasim · · Score: 5, Insightful

    Focus your Facebook account on your off-hours hobby of DJ'ing for gay Jewish inter-racial couples retreats.

    Then let them explain themselves if they don't hire you. They'd have to demonstrate how your off-hours activity did NOT influence their hiring process.

    After they kind of implied that your off-hours hobbies WOULD influence their hiring decision.

    It's a lose-lose for them. I don't see why any company with any intelligent HR person would even broach the subject of "social media" with applicants.

    1. Re:Think further. by Billly+Gates · · Score: 4, Insightful

      That is the problem right there.

      HR has switched from finding the best talent for a position to mean discluding any and I mean any reason not to hire someone and then claim they couldn't find qualified applicants.

      They are scared that if they make a bad hiring decision that it will reflect poorly on them and are obsessed with liabilities. In the great recession they got a tremendous boast of having many and sometimes hundreds of applicants to filter through for each position. Social media makes the job even easier.

      Witness the case of requiring experience first? 30 years ago you left college applied for a job and it was understood that your grades and dedication proved trainable. Today, you can even be trained but it has to be percisely what the position requires in the exact same way or they are not interested.

      Doing something for X long doesn't make you good at the job. Someone with the right smarts and work ethic does. HR needs to change their ways

    2. Re:Think further. by tlhIngan · · Score: 5, Interesting

      Focus your Facebook account on your off-hours hobby of DJ'ing for gay Jewish inter-racial couples retreats.

      Then let them explain themselves if they don't hire you. They'd have to demonstrate how your off-hours activity did NOT influence their hiring process.

      After they kind of implied that your off-hours hobbies WOULD influence their hiring decision.

      It's a lose-lose for them. I don't see why any company with any intelligent HR person would even broach the subject of "social media" with applicants.

      There are third party services that'll google you and search for public social network information. These services are the ones who see your actual information and they black out anything that is illegal to be used - i.e., if you have a normal photo of yourself, your face and hands (but not, say your T-shirt) will be blacked out to prevent revealing race, age, and gender. Any other information that reveals it will also be blacked out.

      Here's an example one someone ran.

      So the company can claim ignorance by presenting this stuff.

      Of course, things that invalid this check would be asking for you password directly (since they could access it). Which s why these companies don't do that - they just seek out blogs, profiles and other stuff publicly accessible.

    3. Re:Think further. by Totenglocke · · Score: 4, Interesting

      HR has switched from finding the best talent for a position to mean discluding any and I mean any reason not to hire someone and then claim they couldn't find qualified applicants.

      Dead on. I work full time and am finishing grad school and looking for a new job and that's the impression my friends and I have had of the majority of people we interact with from potential employers. They blatantly go out of their way to find reasons NOT to interview / hire people instead of finding the best candidate for the job.

      Witness the case of requiring experience first? 30 years ago you left college applied for a job and it was understood that your grades and dedication proved trainable. Today, you can even be trained but it has to be percisely what the position requires in the exact same way or they are not interested.

      Again, 100% accurate. The overwhelming majority of "entry level" positions won't even look at your resume if you don't have 3-5 years of experience doing the EXACT things listed on the job posting - nevermind that some of them may include specialized software that only someone who's previously held the position would have ever used, you MUST know how to use it for an entry level job.

      Doing something for X long doesn't make you good at the job. Someone with the right smarts and work ethic does. HR needs to change their ways

      That's why I told a friend the other day that eventually I want to be a hiring manager - because so many of them do it wrong, I want to show people how to do things right.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
  13. Seattle as well. by khasim · · Score: 3, Interesting

    The Seattle police department had (as of last year) a similar requirement as part of their background check on applicants.

    In that specific case I can see it being more reasonable. After all, they're already going to interview your friends and family and dig through your financial history.

    1. Re:Seattle as well. by MaskedSlacker · · Score: 3, Interesting

      They can't look through your mail or search your photos in your house as part of a background check--so why should they be able to do the exact same thing online?

  14. These are dark days indeed... by nobodyman · · Score: 4, Insightful

    ...when even Facebook is saying "hey guys, this seems like you're crossing a line with people's privacy".

  15. The "chilling effect" is what Facebook fears by knorthern+knight · · Score: 4, Insightful

    > ...when even Facebook is saying "hey guys, this
    > seems like you're crossing a line with people's privacy".

    Mark Z doesn't give 2 hoots about your privacy. He only cares about Facebook's bottom line. Facebook's product is personal information about you, e.g. your "Likes", sexual orientation, political leaning, and other demographic data. If employer-access to your FB account becomes widespread, then...

    1) people will either leave FB in droves, or refuse to join in the first place; bad for FB

    2) many people that stay will "sanitize" all their FB info, to avoid getting fired/refused when employers look in. This will pollute FB's database. This is just as bad, if not worse than people quitting.

    Follow the money. This isn't about your privacy, it's about FB's bottom line.

    --

    I'm not repeating myself
    I'm an X window user; I'm an ex-Windows user
  16. Sigh, okay, once again, my guide to getting hired. by SmallFurryCreature · · Score: 3, Insightful

    First off, the hiring process is a two way street. You are just as much interviewing the employer as they are you. If you feel at any time during the hiring process that the employer does not suit you, then STOP! Walk away, this is not the employer you are looking for.

    For an employer, hiring a new person is a high cost and high risk hassle that is to often delayed. So rather then do the process when the workload is still manageable, they only start looking when everyone is working an 80 hour week and tracking the backlog has switched from a project manager to an archaeologist. With all this, they then have the task of defining the role, explaining this to a recruiter, putting it out and deal with the deluge of applicants many of who have no hope whatsoever. You wouldn't believe what responds at times to a job ad. But the employer has to shift through it all in the hope of finding the one non-lying, non-insane, non-slacker, non-enemy making freak out there. A freak after all is someone who is not normal so a normal person in the hiring process is a freak. Trust me on this.

    So, having just lost a month worth of productive work in total, there you are with all your hopes and dreams, interviewee #5347. STAND OUT!

    An employer wants ONE thing and one thing only. One: make more money or to get laid with the new hire. An employer wants two things and two things only, 1: more money, 2: sex 3: no loss in productivity. Three things, an employer wants three things only.

    To this end, the employer has a number of choices:

    • Not hire anyone, after all what does an 80 hour week hurt anyway and productivity would go up if people didn't have to waste time interviewing candidates.
    • Hire someone else then you.
    • Hire you.
    • Start the hiring process again with a new batch of candidates.

    If you see malice in the above, that says a lot about you and a good employer would spot this and not hire you. If you never hired anyone or had to work with a new co-worker, you might not fully grasp just how much productivity is lost with not just the hire process but getting a new person up to speed. And (small) companies typically only hire once the workload has gotten to high already, so more work getting you up to speed will only make things worse. An employer wants to make sure that things afterwards will at least get better.

    So how do you convince an Employer that HE/SHE/IT/THEY will BENEFIT from hiring you after the HUGE cost and hassle of hiring YOU? Simple, identify those costs and hassles and show how they can be minimized by you, or how they are not so bad after all.

    Skills matter less then the capacity to acquire new ones quickly. Any new job will require new skills. Who cares you knew how to work with the systems of your old company, how quickly will you learn the systems at your new job? Emphasize NOT your experience with a system but how quickly you learned it. On your own. Self-study the new companies system shows they don't have to waste productivity teaching you.

    Nobody likes a trouble-maker. Employers don't want strive among their employees, it costs productivity and they are hiring you to boost it. Don't boast about how buddy buddy you were with a small number of your ex-co-workers. Show you can get along with everyone and can just shrug off difficult co-workers without actually implying that you personally thought person X was difficult. Yes, that is bland. Bland is good, it has low risk.

    Show how working for THEM benefits YOU. An employee who benefits is unlikely to leave. Make this benefit seem longer then the next paycheck.

    SO, HOW DOES THIS ALL TIE INTO SOCIAL MEDIA?

    Simple, an employer wants to know who you really are. Both of you are pretending during the interview. Simple dating advice is not to look at how the person interacts with you but with others. For women especially, want to avoid an abusive relationship? See how he deals with waiters and others in a subserviant role. That is how he will treat you once the honeymoon is

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  17. Re:What if by thegarbz · · Score: 3, Insightful

    That's a narrow minded view. The company could be awesome and I'm not about to potentially ruin a career aspect with them because some lowly HR douche had an abortion of an idea. Hell if I walked out every time an interviewer asked me a question I disagree with I probably would never get past an interview stage. The problem is every so often someone comes in and makes a temporary dick move that may likely get reverted later and does not necessarily reflect the views of the entire company.

    The company I have now made such a dick move hiring (or rather not hiring) university grads this year. They stuffed up the list of applicants and we accidentally interviewed the rejects. When they were all rejected word spread that we were screwing people around. Doesn't mean that we have any intention of fouling it up again next time.

    Instead why not make your intentions known bluntly without screwing up potential opportunity? Just say "No, what I do in my private life between friends stays in my private life." It shows your position, strong character, and still leaves you the option to flip off the HR person with a big f-you if they insist on seeing it anyway.