Congressional Bill Would Prohibit Employers from Requesting Social Media Passwords

On numerous occasions, we've cautioned employers regarding the Board's recent emphasis on social media as a form of protected activity. See the following links for those previous posts:

• NLRB General Counsel issues additional guidance on social media cases
• New Facebook Cases - No Protected Concerted Activity, But Is It Surveillance??
• Update on Social Media issues with the NLRB

The implications of utilizing social networking activity in connection with employment decisions is now beginning to extend beyond the traditional labor context. U.S. Sen. Richard Blumenthal is proposing a bill that would stop the practice of employers asking job applicants for their Facebook or other social media passwords. The Washington Post's article regarding this issue can be found here. Whether or not Sen. Blumenthal's bill comes to fruition, one thing is for certain: Employers' use of social networking activity will continue to be scrutinized (and the NLRB will likely continue to lead the charge).