Client Alert - Employment Law Update
Illinois Enacts Law Banning Employers from Requesting Facebook, Twitter, or Other Social Media Passwords
On August 1, 2012, Governor Pat Quinn signed into law an amendment to the Right to Privacy in the Workplace Act. The new law prohibits employers from seeking social media log-in information from current or prospective employees, and takes effect January 1, 2013.
Scope and Effect
Under the new law, it is unlawful for employers "to request or require any employee or prospective employee to provide any password or other related account information in order to gain access to the employee's or prospective employee’s account or profile on a social networking website or to demand access in any manner to an employee's or prospective employee’s account or profile on a social networking website."
There are no exceptions, including for workplace investigations that may be necessary. However, the new law does not prohibit employers from viewing online information that is not restricted by privacy settings. Employers also remain free to set workplace policies concerning technology and internet use, social networking sites, and email.
Enforcement and Penalties
The Illinois Department of Labor is authorized to investigate claims and initiate enforcement actions. More significantly, individuals are also authorized to file suits for violations in the circuit courts of Illinois. Successful claimants are entitled to recover $200, any actual damages, and most importantly, attorneys fees if a violation is "willful and knowing."
What to Do
Employers should first review their hiring practices and procedures to ensure compliance with the new law. In addition, managers, supervisors, and human resource employees involved in the hiring process should be informed of the new restrictions. Lastly, consideration must now be given to how the law impacts other aspects of management, such as conducting investigations.
If you have any questions about how this legislative enactment will affect your business or have questions about your employment policies and practices in general, please contact Mr. Gonzalez at 312-558-9779 or at egonzalez@elvisgonzalezltd.com.
|