Are New Jersey Employers Allowed to Ask for Access to a Job Applicant's Facebook Account


Are New Jersey Employers Allowed to Ask for Access to a Job Applicant's Facebook Account?

A recent and disturbing trend is developing, as employers are increasingly demanding that job applicants provide their personal social media login information as part of the job application process. Some employers alternatively request a “shoulder surfing” session, during which job applicants log on to their social media accounts and navigate their posts while a nearby interviewer observes and reviews the applicant’s posts, photos, comments, tweets, likes, friends, followers, connections, groups, etc. The issue at stake is whether a prospective employer’s demand for personal social media login information of a job applicant, or request for a “shoulder surfing” session, violates the job applicant’s right to privacy.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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