Employers and the Facebook controversy: Do employers have the right to access candidates’ passwords?

Has social media become your go-to resource for background checks? While reviewing wall posts, tweets, and photos can be an inexpensive alternative to recruiting, this hiring practice can land your small business in serious trouble. Before asking a job applicant for a Facebook password, consider these pros and cons:

Why ask for Facebook passwords?

1. You cannot get the information you want through the interview process.

Law enforcement agencies, government contractors, and public security companies are under constant pressure to detect gang affiliations, terrorist cells, and other clandestine connections. These personal links rarely emerge during standard interviews, and talking to family and friends is expensive. Facebook becomes an easier and less expensive way to check friends lists and connections.

2. You have seen something suspicious in the public record.

Even without a person’s social network password, employers can obtain incriminating details from the Internet. A simple Google or LinkedIn search may be all the motivation you need to ask for more details and more information.

3. You are looking for that picture that is worth more than 1000 words.

Group photos, status updates, and check-ins can reveal an individual’s personality, interests, and ethics better than a formal questionnaire. You can also quickly detect illegal or unwanted activities.

Reasons to Remove Social Media from Hiring Practices

1. You don’t want to lose trust.

If you’re asking candidates to divulge private information before they even work for you, they’ll wonder what you’ll require after they’re hired. I wouldn’t ask for your car keys to search your trunks, so don’t ask them for their passwords to search your after-hours events.

2. You don’t want to risk a lawsuit.

Sites like Facebook and Twitter explicitly prohibit users from sharing their usernames and passwords. Violation of these terms may land you in legal trouble.

3. You don’t want to break the law.

Maryland, Illinois, and California are just a few of the states that have already made or are attempting to make forced password release illegal. The US Congress is debating the Password Protection Act and the Social Networking Online Protection Act to ban such practices nationwide.

Instead of risking your company’s reputation and the loyalty of your employees by asking for passwords, use proven hiring practices that are legal and effective. Probing interview questions, thorough background checks, well-structured reference checks, and professional assistance can build long-term employees without the legal consequences.

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