You need this job badly,
and you want to be the best candidate for the position. If so, you will try to
please your potential manager and other interviewers, who have a decision
making power. However, how far you are ready to go in the process of
collaboration?
Recently there have been several
reports in the press about job candidates being asked for their Facebook login
password by prospective employers. Before they began asking for log in information flat
out, employers have long researched the backgrounds of potential job candidates
by conducting simple searches for public information on internet search
engines. Social Intelligence Corporation, for example, specializes in
“credit checks” of job applicants’ social media activity by combing the
internet and gathering publicly shared information for an employer’s
review. A 2010 survey done by Microsoft Research revealed that 70% of
employers have ruled out applicants based on public information they found
online.
Since the rise of social
networking, it has become common for managers to review publically available
Facebook profiles, Twitter accounts and other sites to learn more about job
candidates. Becoming aware of these practices, social media users started heightening
their privacy settings, excluding access to their private information, posts,
photos, and other details to the public. Therefore, to get legal access to this information, employer still needs
for the perspective employee’ login data.
Some companies do not ask directly
for passwords, but may try other ways to get behind the locked profiles such as
asking applicants to friend human resource managers or to log in to a company
computer during an interview. Once employed, some workers even have been
required to sign non-disparagement agreements that ban them from talking
negatively about an employer on social media.
Facebook, which often finds itself the subject of attack regarding
privacy concerns, has sided with users on this issue, proclaiming that users “shouldn’t be forced to share private
information and communications just to get a job.” Erin Egan,
Facebook’s Chief Privacy Officer, states that such requests are a violation of Facebook’s
Statement of Rights and Responsibilities and that the requests could even lead
to legal liability on the part of the employer.
Profiles provide a plethora of personal information such as age, race,
gender, sexual orientation, and religion. All these details are protected
by federal employment law, which prohibits employers from asking questions about
them during an interview. Allowing employers access to one’s Facebook
profile therefore allows them access to information otherwise prohibited from
consideration. It is this exposure to protected information that Facebook
warns may make employers vulnerable to litigation. For example, if an
employer discovered that an applicant was a member of a protected group and
refused to hire that employee for those reasons, the employer may be subject to
discrimination claims.
Additionally, the practice may violate federal statutes relating to
unauthorized access to computers and electronically stored information. The
Stored Communications Act (SCA) and the Consumer Fraud and Abuse Act (CFAA) “prohibit intentional access to electronic
information without authorization, and prohibit intentional access to a
computer, without authorization, to obtain information,” respectively.
Congress has now become involved to ensure that requesting Facebook credentials
does not violate these Acts. Although applicants would appear to be
providing their log in information “voluntarily,” Senators Chuck Schumer and
Richard Blumenthal have questioned whether the practice is unduly coercive and
therefore considered unauthorized access. The two senators are calling
for investigations by the Justice Department and the Equal Employment
Opportunity Commission and plan to file a bill that would fill in any gaps not
covered by current law.
State governments are also taking action. California Democratic Sen.
Leland Yee introduced a bill that would prohibit employers from asking job
applicants and current employees for their social media log in
information. The state bill would also prohibit employers’ from requiring
access to social media content, thereby barring requests for printouts of that
content.
While it is nice to know
that Facebook and Senators on your side, you still need this job! While the
legal prosecution for this unethical practice has not been introduced yet, what
should you do if you are asked for access to private information?
Attorney Vincent
Antoniello at the Resnick Law Group suggests that you "just say no."
He adds "you don’t want to work there anyway." You certainly can
politely decline to provide that information and hope you are selected anyway.
Employers, of course, have the right to choose someone else, which is the
likely outcome if you do not handle your unwillingness to provide that
information tactfully.
Most career experts
suggest that, instead of simply refusing to provide your Facebook password, you
offer other ways to obtain the legitimate information that the employer might
be seeking. For example, Ms. Calo suggests that you ask "if there’s
anything specific that you would be looking for if you were to search my
Facebook account? I would welcome the opportunity to have an open discussion
now about any reservations you might have for hiring me based on those
criteria."
Jeremy Goldman, AVP
Interactive at iluminage Inc., cautions not to "appear to be
obstructionist or that you’re hiding anything." He suggests that you
"offer to show your prospective employer the ‘public view’ of your
profile" and explain how you use Facebook to share "specific
information with specific groups of contacts, demonstrating that you’re savvier
about Facebook usage than most, and as such can be a benefit to the new
company." You might add that your Facebook password is the same one you
use for your bank accounts and credit cards and disclosing it exposes you to
the risk that it accidentally gets into the wrong hands.
Duncan Ferguson, managing
director of leadership development at HR Consulting firm BPI Group, also
suggests offering them an alternative source of relevant information such as
your LinkedIn profile or your Facebook-linked professional profiles on
Branchout or BeKnown. He notes "LinkedIn has become so integral to the
recruiting process that most hiring managers would find that answer acceptable."
Management consultant
Sally Mounts, president of Auctus Consulting Group, suggests that, after noting
your concerns about privacy, indicate willingness to compromise. For example,
you could say "If you tell me that I am the prime candidate for this position,
I would be willing to reconsider my stand." This puts "the onus back
on the interviewer, who should never have made the request to begin with"
and it avoids "giving out private information unless there is a real
benefit" to doing so.
If an interviewer insists
that you provide your Facebook password, you need to really consider whether
this is a company where you want to work. As Ferguson notes, "Every
interaction with a company during the interview process is a window to the
company culture. Asking for Facebook passwords should raise at least a yellow
flag that trust might not be part of their culture."
Always bear in mind that
what you put up on the internet, no matter how much you attempt to keep it
private, may become public, say, by way of a friend.
Some of you will say “I
have nothing to hide anyway”. I can say the same – I do not keep any dangerous
pictures or posts in my social media accounts. But… it is just wrong. Think
twice if you want to spend most of your daily life in the environment where
this unhealthy practice flourishes.
Sources and Additional Information:
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Update 04-11-12: Today, the Maryland General Assembly has passed legislation prohibiting employers in the state from asking current and prospective employees for their user names and passwords to websites such as Facebook and Twitter.
