Employment Law Alert -- May 2012


In this Issue:

"Update: New Federal Legislation Proposed Banning Request for Personal Passwords" and "EEOC Updates Guidance on Use of Arrest and Conviction Records"

Excerpt from "Update: New Federal Legislation Proposed Banning Request for Personal Passwords"

Since we issued last month's Employment Alert informing you that Maryland was the first state to pass a law prohibiting employers from asking for password information, two bills were introduced in Congress addressing the same concerns. In late April, Rep. Elliot Engel introduced the Social Networking Online Protection Act. The bill would prohibit employers from requiring or requesting that employees provide a user name, password, or other means for accessing a personal account on any social networking website.

In addition, last week a group of Democrats (including Sen. Charles Schumer) introduced in the House and Senate the Password Protection Act. This law would also prevent employers from accessing information on any computer that it does not own or control, including private e-mail accounts and smartphones. The act...

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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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