A group of Washington State Senator’s are sponsoring a proposed state law that would prohibit businesses from requiring potential and current employees disclose the passwords of their social media sites. Under proposed Senate Bill 5211, businesses would be prohibited “as a condition of employment or continued employment, from requiring an employee or prospective employee to submit or give access to social networking account information.” Employers found to be violation of the proposed law could be subjected to $500 fine and legal fees. A similar law is being considered at the Federal level by Congress.
Senate Bill 5211 would not be applicable to public postings and profiles. State and Federal Courts across the country have consistently found that social media postings are considered “protected speech” under the U.S. Constitution. In general, the National Labor Relations Board (NLRB) has stated that it is illegal to implement overarching social media rules if the organization’s policies will deter employees from speaking to one another about “concerted activities” or “mutual aid” (i.e. better wages, receipt of benefits or superior working conditions).
Such was the rulings by the NLRB when it was determined that five employees were terminated unjustly for expletive-filled rants about their job on a social media site, or when a bartender, who had not had a raise in five years, was unjustly fired for calling his customers “rednecks” on Twitter. California and Illinois are among 6 states who have enacted laws to prohibit disclosure of social media passwords by current or potential employees.