Can Employers Demand to See Employees' and Applicants' Facebook Pages?

Date(s) of Presentation
Thursday, July 12, 2012

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Program Description:

Recent press reports indicate that many employers are beginning to require job applicants to disclose their login information and passwords in order to access Facebook accounts and other private information contained in various forms of social media.  They are doing this in large part out of frustration due to resume fraud, an inability to obtain meaningful references, and concerns over allegations of negligent hiring.  These practices raise a number of significant privacy concerns and legal issues.  This session will provide a national perspective on issues including: 

  • Why employers are seeking to obtain this information
  • A review of current federal and state laws triggered by these practices
  • An overview of proposed federal legislation and state laws being considered around the country
  • How this practice may affect your corporate culture and ability to recruit the best and brightest from among the Millennials
  • Alternative methods for obtaining meaningful applicant information


  • Margaret (Molly) DiBianca, Attorney, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE
  • Stephen J. Hirschfeld, CEO, Employment Law Alliance and Partner, Curiale Hirschfeld Kraemer LLP, San Francisco, CA
  • Angela Rud, Principal, Gray Plant Mooty, Minneapolis, MN
  • Kara E. Shea, Attorney, Butler Snow O'Mara, Stevens & Cannada, PLLC, Nashville, TN