FACEBOOK INQUIRY BY PROSPECTIVE EMPLOYER

As people find it increasingly difficult to obtain employment in the midst of the great recession, a new trend has emerged: Employers are using the poor job market as an excuse to test the boundaries of privacy laws regarding prospective candidates.  Knowing full-well that individuals are desperate to secure employment, companies are attempting to secure private information as a way of screening potential applicants.  For example, companies have begun requesting that potential hires provide their facebook username and password at the interview.  Of course, potential hires are hesitant to provide this information, as one’s facebook page likely contains private and personal information, as well as potentially embarrassing photographs.  The National Labor Relations Board will likely issue guidance on this issue, which will request that employers not request facebook information.  Please read this blog regularly, as Fitapelli & Schaffer will provide frequent updates regarding this hot button issue.