My reaction? Hell-to-the-NO. There are a couple of discussion questions here, but first read about this horror.
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 my day job capacity as a senior manager in an organization, I’m often asked about this by people — especially younger folks who live and breathe on social media and enter the job market — that there is no expectation of privacy, particularly on Facebook if you’ve not taken the time to place any privacy settings on your account. You have to take the time to put behind a wall any details about your private life and activities that you don’t want people to see. This seems like common sense, but I’ve actually heard people express that one’s Facebook account, if it is not work-related, is somehow by default off-limits to an employer or potential employer on principle. If someone can Google you in a casual search and up pops pics of you drunk and disorderly or sans clothes, all bets are off.
However, in the above situation there should be no expectation that you should hand over your password to anyone for any reason. And to refuse to do so should not be interpreted as “guilt” of anything other than your asserting your right to privacy — and that of your friends — in a non-work-related context.
So what do employment experts say about the inquiry that derailed Bassett’s candidacy for the job?
Federal law already provides some guidelines. Employers may use sites such as Twitter and Facebook for background checks if, for instance, the site is publicly accessible, if the employer doesn’t create an alias to get the information or if the employer doesn’t use the information gleaned in discriminatory ways.
[Employment attorney Amy] Semmel also pointed out that it’s not just a violation of the applicant’s privacy. “I’d argue that it poses a very serious concern” for every friend attached to that person.
Ultimately, the practice of even asking for your password violates the terms of service for Facebook. But those terms carry questionable legal weight, and experts say the legality of asking for such information remains fuzzy.
Entering a social networking site in violation of the terms of service, however, is regarded by the Department of Justice as a federal crime. During recent congressional testimony, though, the agency said such violations would not be prosecuted.
So it’s wrong for employers to do this, but there’s nothing stopping them from asking these horrendous invasive questions since there are no repercussions. This means pressure is on job-seekers, many desperate to re-enter the workforce if they are a member of the long-term unemployed population. The competition is stiff, and who knows how many people would voluntarily turn over a password just to get into the finalist pool. But there are other devious tactics beyond the brazen request for your password.
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.
Non-disparagement agreements are commonplace, and are not an unreasonable request to make. People should always steer clear of trashing your employer in the online realm. Avoiding blogging or posting about them at all is generally a good personal practice to follow if there is any question it could drop you on the unemployment line or place you in legal jeopardy. The law almost always falls on the side of the employer in this regard, so unless you’re independently wealthy, consider it foolhardy to test the precedents. Even using a pseudonym has gotten people in legal trouble if the wind of one’s identity gets back to an employer.
But back to Justin Bassett’s dilemma. He asked himself — “do I really want to work for any company/organization that engages in this sort of predatory behavior?” And he said no, but this development is frightening pressure on job seekers, and for all of us. If a person’s past the 99 weeks of unemployment and has to feed their family, you can see that this is powerful leverage these foul employers are exploiting — and jeopardizing everyone’s privacy on the backs of these desperate people.
All of this made for an interesting debate when I posted this on my Facebook page. See some of it below the fold.




59 Comments


I posted the same article you did on my facebook page, in order to warn my friends to make their pages private. I did not even think about the aspect of how it might actually affect an individuals friends, if they give out that access. It makes all their information viewable by somone else’s possible employer. Wonder if one could get fired for the views and opinions of their friends. Thanks for the added insight.
I agree that employers or prospective employers should not be allowed to ask for social media passwords. However, another thing that often slips the mind of those who are currently employed is that if you sign into a social media site with your personal username and password from a corporately owned PC, you’re giving them your information voluntarily. Most corporations monitor their traffic.
I’m pretty sure, unless the Corporation has a key-stroke identifying program running on it, that your password would still be encrypted. At least the way facebook is set up, your password, when typing it, is encrypted as you type.
But accessing any sites from work, other than work related, is unethical in my view. You get paid to do the work, not update your status. But I’m old school when it comes to that kind of thing. I think one should work at work and play somewhere else.
I acess my profiles from my phone, I’m the only one (other than Big Brother in Utah) that has access to that.
As low an opinion I have for HR people in general, it’s quite possible that in the instance given, the HR person may have been testing the person to determine how assertive they are/could be.
Now that I’ve given that HR drone the benefit of the doubt, the rest of the “HR professionals” should go back to their bartending or grocery cashiering gigs.
I agree with Deborah’s comment: it should be against the law for an employer to request a password to a private account. That sort of thing breaks the trust model of most websites . What if, say, you were a moderator or an administrator on that account, and you gave up the password? An employer as an attacker could do a lot of damage to the site. Even without elevated permissions, an employer as an attacker could obtain non-public information about other individuals, feign to be you, and likely (since most people use the same password for multiple accounts) attack many of your other accounts – some of which may have significant monetary value (investment account, bank account, etc.).
Actually, I’m curious… what exactly stops a potential employee from saying ‘I don’t have a Facebook account’? It might be a lie (though in my case it wouldn’t be, and I’m once again reminded of why I don’t), but unless they go searching around for you, they can’t exactly prove you wrong either.
Either way, though, this should definitely be very illegal, and actionable.
facebook profiles are searchable, so the could just google your name or look for you on facebook. The only way to solve that would be to know before hand and deactivate your account (easily re-activated) BEFORE they ask you or search for your name.
Personal, private and confidential information is just that. Would you let a stranger in to your house and rummage around your night stand or underwear drawer just because they asked? Open your personal home mail and read it? Give someone your credit cards and let them walk off for a few weeks or months?
Honestly, I feel that this request is an ethics failure of any companies HR and Legal departments. Social media is not there for a company to babysit its workers and let’s face it, if that’s what it’s going to come I’ll delete the account. I lived for decades before social media existed and I think I can live longer without it.
Names aren’t unique. This is a problem with the requirement for “real names” in some social media; I’m apparently working in a different field, living in a state I’ve never visited according to Facebook. Google isn’t much better; apparently I died around the time my parents were toddlers.
Actually, while I agree it is good personal policy to just not blog about your job, a recent decision by federal authorities probably makes most disparagement agreements void. Under federal law employees cannot be punished for discussing their working conditions. Recently, a employer fired an employee in MA for posting negative comments about a supervisor on facebook. The feds took the case based on the logic that facebook is the new “water cooler” and the company had to settle with the employee.
But as regards the password, if that were legal, then why couldn’t ask for the credentials to access your bank accounts to confirm that you are solvent? I’m sorry, but that is way over the line. However, I would have handled it differently. I would have asked the HR person, given that I was considering coming to work for their company, to provide me his/her credentials and for the person who would be supervising me.
Love those rhetorical Qs.
Workers have NO rights.
But that all depends on your name. If you are Joe Smith, it’s harder to find you. And another thing. if I lived with in an hour of NYC, I’d put that instead of my real town. And I’d never list where I work on FB. But re: the town, it makes it harder for HR to find you if you tell that fib about not having an account.
I think Facebook and Google are pernicious evils when it comes to issues of privacy because they are so seductive in their strategies to make it difficult, even impossible, to protect privacy. That said, the stupidity of most of the people who post on social media in what they reveal about themselves is equally pernicious. However that is I fear simply more of the new normal.
If an interviewer ever asked me for a FB password, I’d be tempted to ask that interviewer if they were okay with giving me their password. I know what they’d say to that request.
You obviously don’t need a job.
Good thing I have no use for Facebook.
Ditto, nor twitter.
I’ve been following this the last couple of days…with horror. My father, a conservative Republican (but old school, say Eisenhower-school, not Tea Party) believed in deep privacy. There’s no reason to tell anyone any of your business for any reason. He’d be horrified by how far our privacy rights have been stripped, and not just in social media.
Anyway, I had 2 thoughts right away: one, asking for your password and access to your accounts is violating your security AND that of all the people who have posted on your wall. And even if you reluctantly agree to it, not one of them has agreed.
Second, the closes analogy I see is to one’s personal mail. What employer even now thinks it would be okay to demand a (prospective, yet!) employee bring all his personal mail for six months and let the employer/hr person read it all? Nobody, and nobody asked for it would have the slightest doubt that the request was wrong.
Same thing, in today’s equivalent.
It’s none of the company’s business who my friends are or what the state of their families or my family, etc. is, or when my high school class is haviing a reunion, or my friend’s family is having a reunion (2 subjects posted to my FB tonight), or how my cousin’s visit to her in-laws went, etc. etc.
In an interview on Marketplace tonight with Mr. Bassett, it was reported that a bill is in the Maryland legislature to make such requests illegal.
I just wish I thought that model bill would spread with the speed that the invasive ultrasound bills have, from state to state.
That’s not the point.
The point is that you have no right to withhold any of your epersonal info from your employer or potential future employer. Try it & see if you can get a job.
But Hey doncha know your employer is also now in charge of your health and health care. They have to know what kind of risky behavior you are carrying out so they can take care of you
bettermore profitably.That was an inevitable outcome of employer paid med insurance. Obvious decades ago.
I suspect a few lawsuits based on sexual orientation discrimination will, at minimum, get corps to start refining / minimizing this invasive practice.
I know what you’re saying. But that is actually not true. They don’t have that right.
Maryland is,hopefully, going to make that clear statutorily. Of course, if we all just cave, we’ll lose, again.
I did actually just get a job, and nothing of this sort was asked at any interview. I’ve never been asked anything like this, so I doubt that it’s anything like universal.
But it does need to be nipped in the bud.
I do not concede any such right. Luckily, I’m only responsible for my own upkeep.
You’re just lucky.
The ‘rights’ attributed to workers in prior legislation have been eviscerated. You are now a victim of your employer’s good will.
Good luck with that.
Did you have to pee into a sterile container?
What’s next, ankle braclets and cameras in our homes and GPS tracking on our cars.
Nope.
honestly, some people just have no concept of LAW in the workplace.
One friend told me of working in a very prestigious research center and one of the young pups there told her that they had signed her up to be a subject in one of their studies because they were having trouble getting enough subjects. She had to tell them very directly how many different ways they had just broken the law and their eyes popped out of their heads.
But yeah. When I heard this FB debacle on the radio I was appalled. I’m not “supposed” to give my password to anyone. That’s why it’s a password, duh!
But accessing any sites from work, other than work related, is unethical in my view. You get paid to do the work, not update your status. But I’m old school when it comes to that kind of thing. I think one should work at work and play somewhere else.
I just started my job and folks are still getting to know me. We were talking about our families and pets. Guess where are my pictures of my daughter and my dog are? My boss was standing there as I logged into Facebook to share the pics. No biggie.
I guess since my boss was standing there and it was just one time and for something pretty bening, I suppose you think that makes it ok. But Facebook is pretty much how I keep up with a lot of things. Being logged into it or checking it, doesn’t take anything away from my employer as long as I get my work done.
There is no way in hell I would ever give my boss my Facebook password. Why not just give them my ATM Card and pin? Why not just hand over my personal email account? Why not just give my employer access to my entire life? Why not let my employer decide whether I can take birth control or not….oh wait….
Do you see why this is a bad idea? This idea that employers own us for the duration we work for them is some old school BS that it’s long past time we got over. Civil liberties apply to employers and what goes on in my or your personal life is none of their concern. They don’t own me – I merely exchange my labor for pay. Beyond our legal obligations to each other, that is where the relationship begins and ends.
I had the same thought. After all, an interview should be a two-way street where the employer evaluates the applicant and where the applicant evaluates the employer. Many people decide they’re not interested, even if offered a position, after going through the interview process and learning more about the company. The company’s reasoning for demanding your password is just as equally applicable to your desire to have theirs.
I had a couple more thoughts though…
I have to admit, my first thought was to tell the HR person “sure, my login email is foo@bar.com and my password is, well it’s a little embarrassing.. it’s…. “Fu_ck-You”. Oh that’s not it? Huh.. I haven’t logged in for a while, I’ll have to get back to you on that”.
Of course, there’s also the option to scribble down “I have requested and received Mr. X’s login credentials including password on xx/xx/xxxx.” and then hand it to them to sign in exchange for the password.
That gives you two fun possibilities.
1.. You then inform them you use the same credentials for a number of your accounts, including financials. Of course you’ll make an honest effort to remember them all to change their passwords as soon as possible after the interview, but you wanted the documentation of them having your pass in case there are any issues with the security of your accounts in the future. … or..
2.. You inform them that “it’s unfortunate that the company has this policy because although you probably didn’t break any laws in asking your for my account credentials, it could potentially seem suspect if I’m not hired and I suspect it’s due to illegal discrimination based on you accessing my confidential information. I bet you get sued all the time over this. ”
I almost want to circulate my resume when I read stories about this practice.
Next they will be asking for the keys to our chastity belts.
I think lefties ought to be encouraging people to move away from Facebook and all of it’s serious privacy issues, and move toward open source social networks like diaspora…
http://www.whatisdiaspora.com/
https://joindiaspora.com/
and open source twitter-ish…
http://identi.ca/
well, there are some who already ask about family plans.
In answer to the original question, not “no”, “F*ck no”. And them having asked that, damn their eyes if I ever were to work there, I’d rather starve.
What do your private life have to do with your professional life? Anything private should be hands off for employers.
On a related note, your employer may demand that you delete your facebook account, or refrain from joining facebook at all. I’ve encountered this first hand as a teacher.
The american workplace is a forced march.
I use a password generator, and I do not carry the passwords around with me. Even if I had a Facebook page, I wouldn’t be able to give them the password anyway.
I wonder if they would ding me for being security conscious.
IMO
Fuck NO!
I was celebrating a birthday tonight with a bunch of ignorant repubs(can’t be avoided here behind the orange curtain). And a few were employers, obviously they are in favor of it….
If no one draws a line, they’ll just keep asking for more and more.
Yeah — this is one of those lines for me. I’ll consent to sign an agreement not to disparage a company while I’m in their employ. Give them access to my private social accounts? No.
You say
“But Facebook is pretty much how I keep up with a lot of things. Being logged into it or checking it, doesn’t take anything away from my employer as long as I get my work done.”
You are supposed to “keep up with your personal life” on your personal time, not at work. What did you do before Facebook existed? Spend all your time at work on the phone with your friends and family to check up on their current status and let them know yours?
The thought that you are “getting your work done” is misguided unless you have a job that has a very specific amount of work that can be done in a day and no more can be accomplished. If you are spending time at work performing personal tasks, then you could have done more work and gotten more done for your employer. In most jobs, your work is never “done”, there is always more you could do.
Some excellent ideas there.
Especially the hint to the employer that he/she might be catching some heat someday from having their fingerprints on your financial acct PW.
This is why I don’t have a Facebook page. If you don’t have one, then there’s no password to give.
Which is the reason I don’t use Facebook, nor any other social networking site requiring real full names. The ability to publish under a pseudonym is a constitutionally recognized right (for now, at least) and moreover it offers protection against this very thing. Facebook is also the worst offender when it comes to arbitrarily changing its privacy settings against its users (and always against their previous wishes).
The idea is that your name should pass the “Google Test”–search it via Google or other search engine, and what pops up should not be anything that you would not mind disclosing anyway.
-stewartm
That’s before employers decided to steal their employee’s off-time. Now people do in fact do a lot of personal stuff at work because they have precious little free time at home to do it. Companies have stolen their employees free time, now the employees just are trying to take a little of it back.
(And in fact, many employers for their part do allow them to use their computers to access personal sites, which is a double-edged sword, as it also allows them to snoop on their employee’s private matters. The latter is a bigger inhibition against doing personal stuff on a company computer than company policies).
-stewartm
Of course what you could do is to create a Facebook or Google account that you really don’t use, with a few ho-hum friends/family contacts that raise no eyebrows, tied to an email address you really don’t use, just to have something to hand over.
-stewartm
Wow, that’s just … holy shit. Someone really didn’t pay attention during their human research training. The IRB should slap them silly for that.
(I guess I’m assuming a US research center, but I gather most countries have similar guidelines.)
Names are not unique, that is true, but when you search for people on facebook, it shows their Profile Picture, which is not unique, unless they use something other than a photo of themsleves, which some do, but not most.
if you are an hourly employee, you do not have a right to do any personal stuff during the hours you are getting paid for. If you need to update your status, do so on your lrgal break or legal lunch hour. I work in retail, and to be quite honest, when folks with your attitude are busy with their facebook page, who, exactly do you think is covering their job duties, you know, the ones they are PAID to do, not their personal crap.
It is stealing from your employer if you are doing something personal while on their dime. Just because that is old school to you, doesn’t make it a wrong sentiment. I get paid to do MY job, not my job and YOURS.
What happened to the days of working at work, and doing personal things on YOUR dime.
having re-read your post, it appears you think I approve of this behavior, I do not. I thought I had made that clear in my post 1, but guess not. I think this is heinous.
The fact is that some employers not only allow this, but some even encourage it. DeborahGirl might not even be breaking her company policy. Even the company computer can be used, under similar restrictions as the company phone, “as long as the job gets done”.
So what’s got yer goat, if that is so?
Employee theft from employers pales compared to the bigger problem of employer and bankster theft from employees.
You say “do it on your break?” What if I told you I know hourly employees who are de facto told to do work on their breaks, on breaks which are mandated under law? And that’s the tip of the iceberg.
-stewartm
Hmmm, it’s also highly suspicious if you don’t have a FaceBook page… Very suspicious indeed. What are you hiding?
then those individuals need to report it to the proper Employment agency in their state. My husband just recieved a settlement from his employeer because of exactly that issue of breaks.
And my following what I have known as work place ettiquette for the last 30 years, is despite what the employeer does, Their wrong actions don’t make mine right. I really never expected to get jumped on for thinking your personal life should stay personal, and not be part of your work life. AND, if you think they allow you to do those personal things on their dime, then why wouldn’t they have the right to have the information? If you use their computers they have the right to know what you use them on. There have been rulings by the Supreme Court and various State Supreme Courts that say, the employer has the right to monitor everything you do on their computers. So, if one HONESTLY has issues with this password request, then one would NOT be using the company computer for their personal needs. Those needs are no longer “personal” if done on Company equipment. Maybe that’s WHY some employers allow you to use their computers.
I disagree with all of this. Despite what a majority of the mighty Supreme Court of Assholes thinks, I don’t think employers have any business monitoring their employees’ personal computer communications — because they’re personal. There is no natural law of the universe which states that you have no right to say hi to your mom or whatever on your lunch hour privately, using whatever communication device is convenient. Employers want complete control of everything, period. Fuck them. They can’t have it, period. And they shouldn’t have it, period. If you and your employer want to agree to mutually monitor each other’s communications, that’s fine. But this should be an agreement, not a one-way dictat. You do the job, they pay you and say thank you and that’s where the relationship ends.
you don’t have to agree with the Courts, but if it happens to you, you won’t have any recourse because it is pretty settled law. And anything you open on a work computer can be retrieved at any point. It isn’t private is the point.
Hahahah, that was a good one. Now I’ll have to come up with something equally funny.
In essence, in today’s no-regulatory environment, report an abuse, and you’ll likely get fired. Oh, they can always think of a reason to fire you, especially when you’re considered a “low-skilled” worker. In most states, mine included, workers have virtually no rights.
Even if they don’t pay you for work you have done (and I know of cases of THAT too), you have to have deep enough pockets in order to sue to get your money. For most workers in the US, walking into a business is walking into a dictatorship. You pretty much have no rights.
If someone steals something from someone, and the victim is able to take some of it back, do you call that “stealing” too?
I have already dealt with that issue. Currently, I would do nothing terribly personal on a company computer myself, for reasons that the court has given employers spy powers.
However, that ruling is wrong too. The same courts had a precedent they should have used–that if a phone were provided, and that personal phone calls were allowed (as in most cases) the employer COULD NOT snoop willy-nilly without having some reasonable justification or suspicion that the employee was using the phone for purposes against company policy. Most companies therefore kept logs of phone use but did *not* record the calls themselves–unless there was a reasonable rationale for suspicion.
What the courts should have done is to apply the same reasonable privacy policy towards computer use. But judges who made that ruling have no clue about the internet.
-stewartm
you obviously just have an issue with ME, not anything about this situation. I gave my examples, you gave yours, and that’s fine. I have used the Employment Rights divisions in more than one state in dealing with back pay, unpaid wages and other situations and have prevailed in those cases. I also document things so I have backup. My husband also won a settlement for being forced to work through breaks. So, in my experience, there are agencies that help in those matters. And, sorry, but I still believe in holding myself to a standard. The same standard I hold others to. I believe stealing time, or product from an employer to be wrong, despite what actions they may take. Breaking the law, to make up for someonelse’s breaking the law, is still breaking the law.
My experiences are not the same as your, obviously from what you describe, but that doesn’t mean you get to come and jump all over me because I expressed a moral point of view. Stealing is stealin no matter who does it. If I agree to take a job, I agree to play by the rules, even if they don’t. And if thye don’t I use the means at my disposal. And suing through the Labor Board of my state didn’t cost me a dime. They also gave me waiting time pay for not getting the pay when it was due. Sorry you didn’t have the same success, but I still hold myself to my standards even when others don’t meet them. I have to live with myself, not with them. Sorry your standards change with the moment.
I’m saying it’s not right, not whether there is a legal dictatorship in the workplace. I thought you were saying it was right because it’s the law — which I don’t view as an appropriate argument because it’s craven and unfair.
I never said it was allright. I actually posted this on my own facebook page, the day before it appeared here, to warn my friends of the practice. However, when it comes to at work behavior, by an employee, I still have the “old school” opinion of I am at work to do work, not my own personal business. I am surprised at how many people think that just because social networking has overtaken their lives, that they cannot go about their job without having to take time during that job to handle their status updates or to fiddle with their SOCIAL networking sites.
To me it is not right. That is my opinion on both the password crap, and doing your business on the company dime, regardless of wheter the company does thing completely right or not. I also pointed out the fact that I hadn’t realized that on sites like facebook, your friends are also at risk from this prying when you ive out your password. So not only are you putting your own employment at risk, anyone you might know is being put at risk.
And if the worker is so low-paid that he/she can’t pay the bills after they get terminated (and they will be for complaining or reporting the abuse) how will they survive while waiting for justice? We have a recession going on, you know; jobs aren’t found on trees.
Only people who are wealthy/secure enough to fight and can afford to do without the loss of income (at least in the short term) have a chance to win.
To you, it seems, “morality” is a laundry list of dos and don’ts. To most, it’s found in righting things, one way or another.
Companies by doing what they do (stealing employee free time) are in effect forcing people to do more and more personal things *that they have to get done* at work. You can drone on and on about your absolute morals, but in effect that’s the way it is.
-stewartm