Illinois Says NO to Employers Asking for Social Media Passwords

Yesterday, Illinois Governor Pat Quinn signed HB3782 which protects current and prospective employees’ right to privacy in the world of social media.

The Bill, which goes into effect January 1, 2013, makes it illegal for an employer to request an employee’s or prospective employee’s social media account information, including username or password, in order to gain access to their account or profile. Illinois is the second state to enact such a law.

The Bill protects workers’ privacy and their choice to keep certain information private. It also precludes employers from screening potential employees or punishing current employees based on information from their social media accounts that would otherwise be private.

The law’s definition of social networking sites does not include email. Furthermore, nothing in the law prevents an employer from obtaining information about current or prospective employees if that information is in the public domain.

The law protects employee privacy, but it also protects employers from potential lawsuits for hiring discrimination. Employers are not allowed to ask certain questions about employees such as age, sex, race, or sexual orientation. All of that information can be learned from a social networking site and might be an allegation in an employment discrimination suit.