Employers continue to wrestle with the issue of whether to require employees and prospective employees to divulge their social media passwords. A recent spike in interest by the media, by advocacy groups, legislators and the general public has refocused attention on the issue. Although it may not be unlawful to seek the information to conduct background checks, deter and investigate harassment of coworkers, and discourage employees from posting online content that disparages the employer's products or services, in most situations, it is inadvisable. To learn more about the pitfalls of social media information requests, proposed federal and state bills prohibiting such requests and their potential implications for employers, please continue reading Littler's ASAP, Though Not Yet Banned, Requiring Social Media Information Is a Bad Idea by Chris Leh.
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