Employers asking for Facebook Passwords

[queenlillian1962]

When Justin Bassett interviewed for a new job, he expected the usual questions about experience and references. So he was astonished when the interviewer asked for something else: his Facebook username and password.

Bassett, a New York City statistician, had just finished answering a few character questions when the interviewer turned to her computer to search for his Facebook page. But she couldn't see his private profile. She turned back and asked him to hand over his login information.

Bassett refused and withdrew his application, saying he didn't want to work for a company that would seek such personal information. But as the job market steadily improves, other job candidates are confronting the same question from prospective employers, and some of them cannot afford to say no.

In their efforts to vet applicants, some companies and government agencies are going beyond merely glancing at a person's social networking profiles and instead asking to log in as the user to have a look around.

"It's akin to requiring someone's house keys," said Orin Kerr, a George Washington University law professor and former federal prosecutor who calls it "an egregious privacy violation."

Questions have been raised about the legality of the practice, which is also the focus of proposed legislation in Illinois and Maryland that would forbid public agencies from asking for access to social networks.

Since the rise of social networking, it has become common for managers to review publically available Facebook profiles, Twitter accounts and other sites to learn more about job candidates. But many users, especially on Facebook, have their profiles set to private, making them available only to selected people or certain networks.

Companies that don't ask for passwords have taken other steps — such as asking applicants to friend human resource managers or to log in to a company computer during an interview. Once employed, some workers have been required to sign non-disparagement agreements that ban them from talking negatively about an employer on social media.

Asking for a candidate's password is more prevalent among public agencies, especially those seeking to fill law enforcement positions such as police officers or 911 dispatchers.

Back in 2010, Robert Collins was returning to his job as a correctional officer at the Maryland Department of Public Safety and Correctional Services after taking a leave following his mother's death. During a reinstatement interview, he was asked for his login and password, purportedly so the agency could check for any gang affiliations. He was stunned by the request but complied.

"I needed my job to feed my family. I had to," he recalled.

After the ACLU complained about the practice, the agency amended its policy, asking instead for job applicants to log in during interviews.

"To me, that's still invasive. I can appreciate the desire to learn more about the applicant, but it's still a violation of people's personal privacy," said Collins, whose case inspired Maryland's legislation.

Until last year, the city of Bozeman, Mont., had a long-standing policy of asking job applicants for passwords to their email addresses, social-networking websites and other online accounts.

And since 2006, the McLean County, Ill., sheriff's office has been one of several Illinois sheriff's departments that ask applicants to sign into social media sites to be screened.

Chief Deputy Rusty Thomas defended the practice, saying applicants have a right to refuse. But no one has ever done so. Thomas said that "speaks well of the people we have apply."

When asked what sort of material would jeopardize job prospects, Thomas said "it depends on the situation" but could include "inappropriate pictures or relationships with people who are underage, illegal behavior."

In Spotsylvania County, Va., the sheriff's department asks applicants to friend background investigators for jobs at the 911 dispatch center and for law enforcement positions.

"In the past, we've talked to friends and neighbors, but a lot of times we found that applicants interact more through social media sites than they do with real friends," said Capt. Mike Harvey. "Their virtual friends will know more about them than a person living 30 yards away from them."

Harvey said investigators look for any "derogatory" behavior that could damage the agency's reputation.

E. Chandlee Bryan, a career coach and co-author of the book "The Twitter Job Search Guide," said job seekers should always be aware of what's on their social media sites and assume someone is going to look at it.

Bryan said she is troubled by companies asking for logins, but she feels it's not a violation if an employer asks to see a Facebook profile through a friend request. And she's not troubled by non-disparagement agreements.

"I think that when you work for a company, they are essentially supporting you in exchange for your work. I think if you're dissatisfied, you should go to them and not on a social media site," she said.

More companies are also using third-party applications to scour Facebook profiles, Bryan said. One app called BeKnown can sometimes access personal profiles, short of wall messages, if a job seeker allows it.

Sears is one of the companies using apps. An applicant has the option of logging into the Sears job site through Facebook by allowing a third-party application to draw information from the profile, such as friend lists.

Sears Holdings Inc. spokeswoman Kim Freely said using a Facebook profile to apply allows Sears to be updated on the applicant's work history.

The company assumes "that people keep their social profiles updated to the minute, which allows us to consider them for other jobs in the future or for ones that they may not realize are available currently," she said.

Facebook declined to comment except for issuing a brief statement declaring that the site forbids "anyone from soliciting the login information or accessing an account belonging to someone else."

Giving out Facebook login information also violates the social network's terms of service. But those terms have questionable legal weight, and experts say the legality of asking for such information remains murky.

The Department of Justice regards it as a federal crime to enter a social networking site in violation of the terms of service, but during recent congressional testimony, the agency said such violations would not be prosecuted.

Lori Andrews, a law professor at IIT Chicago-Kent College of Law specializing in Internet privacy, is concerned about the pressure placed on applicants, even if they voluntarily provide access to social sites.

"Volunteering is coercion if you need a job," Andrews said.

Twitter did not respond to repeated requests for comment.

In New York, Bassett considered himself lucky that he was able to turn down the consulting gig at a lobbying firm.

"I think asking for account login credentials is regressive," he said. "If you need to put food on the table for your three kids, you can't afford to stand up for your belief."



http://news.cincinnati.com/article/2...book-passwords


Does your future employer have the right to ask for your Facebook password?

[Šñøü†ê®]

Facebook is damaging to the internet. I am glad I am not on it. Wall Street and the MSM is totally behind FB, so it will hover around for the foreseeable future unfortunately.

[hadit]

What happens in the interview if you deny you even have an FB account? Do they believe you or are you shown the door?

[Zordar]

This is crazy. Not that employers don't use it -- I've used public Facebook profiles as a way to screen out annoying and/or immature applicants before. But demanding somebody's Facebook login info if you can't see their profile is just complete and utter horseshit. There is nothing suspicious or perverse about wanting to maintain your privacy or to keep your work and personal life separate. "If you have nothing to hide, you have nothing to fear" is such a big fat lie. When your privacy is invaded, you have something to fear regardless.

Bassett did the right thing, but what if you can't afford not to take a job because you're broke and/or have a family to feed? Is the law professor right in saying its coercion?

I don't have a problem with non-disparagement agreements, though I think being expected to accept a friend request from your new employer goes too far. If the employer has an issue with people using Facebook during work hours, block it; if the employer just wants to keep a big brotherly eye on his or her employees, that's creepy and invasive.

[Dinar Agapova]

I think Facebook is a great tool for not hiring lazy idiots

[queenlillian1962]

I think it should be against the law. This is just another way for employers to profile people by getting answers to questions they can't legally ask in an interview. You can't discriminate against someone based on race,gender,sexual orientation or religion. If you log on to their Facebook page you will know all that BEFORE you hire the applicant. Race and gender may seem obvious but what happens is your white and your spouse is black. If the person doing the interview is racist you open a door for not getting hired based on race. Maybe you or your friends are gay. The person hiring you might not know your gay from the interview and it's none of his business and yet if he logs on to your FB account he might be able to find out and not hire you. What if your Jewish and the interviewer doesn't like jews? What if you support the NAACP or some other organization that your employer just doesn't like. Social networking should be off limits to employers in all 50 states. What you do off the clock is none of their fucking business.

[Zordar]

All good points, queenlillian1962. Aside from jobs that require extensive background searches (and there really are very few), this is something employers need to stay the hell out of.

Of course, if somebody is dumb enough to make their profile public, that's fair game -- they've given implicit permission in that case.

On a side note, my woman teaches in the public school system, and it's amazing how many parents want to friend her. Awkward!

[86Dùde]

Another reason I don't use that stupid shit FB.

[kellyb]

I unFacebook, too.

[Zordar]

Well good for you and 86.

[Going Postal]

I think it should be against the law. This is just another way for employers to profile people by getting answers to questions they can't legally ask in an interview. You can't discriminate against someone based on race,gender,sexual orientation or religion. If you log on to their Facebook page you will know all that BEFORE you hire the applicant. Race and gender may seem obvious but what happens is your white and your spouse is black. If the person doing the interview is racist you open a door for not getting hired based on race. Maybe you or your friends are gay. The person hiring you might not know your gay from the interview and it's none of his business and yet if he logs on to your FB account he might be able to find out and not hire you. What if your Jewish and the interviewer doesn't like jews? What if you support the NAACP or some other organization that your employer just doesn't like. Social networking should be off limits to employers in all 50 states. What you do off the clock is none of their fucking business.

It also might not tell you the true worth of a person. Say, if somebody spouts fag this and fag that on forums but on your Facebook page, some aunt post some cousin is gay and you post positive wishes. Work thinks one is homo friendly when in reality, he champions bashing gays.

[queenlillian1962]

It also might not tell you the true worth of a person. Say, if somebody spouts fag this and fag that on forums but on your Facebook page, some aunt post some cousin is gay and you post positive wishes. Work thinks one is homo friendly when in reality, he champions bashing gays.

Good point, It's not good either way. What if someone Hates gays, says it on FB but would never act on his hate? Is it fair to deny employment based on how someone feels? As long as the person is on time, is polite and productive why should his personal feelings outside of work count? Are we not to have freedom of speech because we fear unemployment? Whats next? I can see this turning into an employer witch hunt of sorts.

[Lulu]

I thought this was urban legend when I first read this thread... but it's true. Employers are actually asking for this stuff. Wow. Mark Zuckerburg may be the most brilliant young entrepreneur ever... here's the official facebook response. I would walk out of an interview if they asked for that... it's outrageous. I might ask if they want my debit card and pin too, then walk out lol.

http://news.yahoo.com/facebook-warns...163806953.html

[Malcolm Wright]

I completely understand the request for the employee to friend someone from HR.
There's a blurry line here where natural concerns of the company clash with natural privacy concerns of the user.

To request the friending is completely understandable as long as it remains just a request, after the decision to hire the person has been made. After all - if you've decided to accept someone on your team, doesn't that make you a big part of their life, and they a big part of yours? But if the person refuses - they have already been hired and their desire for privacy should be respected. If the HR team and recruiters were not able to screen the person adequately through the interview process, maybe they're just not doing their jobs well enough - no need to try to force their way into the privacy of their candidates. They should just get better at what they do.

The blurry line lies in how people use facebook. Some people are foolish enough to forget its a public forum. Sure it has private aspects, but the bottom line is anything you post there is no longer really yours and is no longer possible to contain. A friend of yours can share it with someone whose privacy settings are completely lax... and then its in the wild.

So part of me feels little sympathy for those who feel invaded when a company wants to look at their page... as an employer, its not the sexual preferences or politics of a person that would be my concern as I looked over their stream: its whether they have the smarts and wisdom to not let it all hang out in a public forum or not.

So its a tough one.
One thing I am CERTAIN of though: asking for login credentials crosses a very definite line, and any company who does that ought to be listed as a company to watch for big brother tendencies. We have to be really vigilant going forwards, as virtual forums and information technology further cements its importance in our daily processes, to identify and spread awareness of those who wish to abuse the power information tech puts at their finger tips.

M

[IFF]

well google, as i said on another thread, is a great resource for research and so why wouldn't a company use it when hiring someone? it makes perfect sense to run these background checks on them.

however, to ask for password and log on information, is a bit too far.
my thought when seeing the title, just have the it department install spying and hacking software to get their passwords instead of asking them for them but that doesn't apply in this case, as the person does not yet work for the company.