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Archive for Tuesday, March 20, 2012

Job seekers getting asked for Facebook passwords

March 20, 2012

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— When Justin Bassett interviewed for a new job, he expected the usual questions about experience and references. So he was astonished when the interviewer asked for something else: his Facebook username and password.

Bassett, a New York City statistician, had just finished answering a few character questions when the interviewer turned to her computer to search for his Facebook page. But she couldn't see his private profile. She turned back and asked him to hand over his login information.

Bassett refused and withdrew his application, saying he didn't want to work for a company that would seek such personal information. But as the job market steadily improves, other job candidates are confronting the same question from prospective employers, and some of them cannot afford to say no.

In their efforts to vet applicants, some companies and government agencies are going beyond merely glancing at a person's social networking profiles and instead asking to log in as the user to have a look around.

"It's akin to requiring someone's house keys," said Orin Kerr, a George Washington University law professor and former federal prosecutor who calls it "an egregious privacy violation."

Questions have been raised about the legality of the practice, which is also the focus of proposed legislation in Illinois and Maryland that would forbid public agencies from asking for access to social networks.

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. But many users, especially on Facebook, have their profiles set to private, making them available only to selected people or certain networks.

Companies that don't ask for passwords have taken other steps — such as asking applicants to friend human resource managers or to log in to a company computer during an interview. Once employed, some workers have been required to sign non-disparagement agreements that ban them from talking negatively about an employer on social media.

Asking for a candidate's password is more prevalent among public agencies, especially those seeking to fill law enforcement positions such as police officers or 911 dispatchers.

Back in 2010, Robert Collins was returning to his job as a security guard at the Maryland Department of Public Safety and Correctional Services after taking a leave following his mother's death. During a reinstatement interview, he was asked for his login and password, purportedly so the agency could check for any gang affiliations. He was stunned by the request but complied.

"I needed my job to feed my family. I had to," he recalled,

After the ACLU complained about the practice, the agency amended its policy, asking instead for job applicants to log in during interviews.

"To me, that's still invasive. I can appreciate the desire to learn more about the applicant, but it's still a violation of people's personal privacy," said Collins, whose case inspired Maryland's legislation.

Until last year, the city of Bozeman, Mont., had a long-standing policy of asking job applicants for passwords to their email addresses, social-networking websites and other online accounts.

And since 2006, the McLean County, Ill., sheriff's office has been one of several Illinois sheriff's departments that ask applicants to sign into social media sites to be screened.

Chief Deputy Rusty Thomas defended the practice, saying applicants have a right to refuse. But no one has ever done so. Thomas said that "speaks well of the people we have apply."

When asked what sort of material would jeopardize job prospects, Thomas said "it depends on the situation" but could include "inappropriate pictures or relationships with people who are underage, illegal behavior."

In Spotsylvania County, Va., the sheriff's department asks applicants to friend background investigators for jobs at the 911 dispatch center and for law enforcement positions.

"In the past, we've talked to friends and neighbors, but a lot of times we found that applicants interact more through social media sites than they do with real friends," said Capt. Mike Harvey. "Their virtual friends will know more about them than a person living 30 yards away from them."

Harvey said investigators look for any "derogatory" behavior that could damage the agency's reputation.

E. Chandlee Bryan, a career coach and co-author of the book "The Twitter Job Search Guide," said job seekers should always be aware of what's on their social media sites and assume someone is going to look at it.

Bryan said she is troubled by companies asking for logins, but she feels it's not a violation if an employer asks to see a Facebook profile through a friend request. And she's not troubled by non-disparagement agreements.

"I think that when you work for a company, they are essentially supporting you in exchange for your work. I think if you're dissatisfied, you should go to them and not on a social media site," she said.

More companies are also using third-party applications to scour Facebook profiles, Bryan said. One app called BeKnown can sometimes access personal profiles, short of wall messages, if a job seeker allows it.

Sears is one of the companies using apps. An applicant has the option of logging into the Sears job site through Facebook by allowing a third-party application to draw information from the profile, such as friend lists.

Sears Holdings Inc. spokeswoman Kim Freely said using a Facebook profile to apply allows Sears to be updated on the applicant's work history.

The company assumes "that people keep their social profiles updated to the minute, which allows us to consider them for other jobs in the future or for ones that they may not realize are available currently," she said.

Giving out Facebook login information violates the social network's terms of service. But those terms have no real legal weight, and experts say the legality of asking for such information remains murky.

The Department of Justice regards it as a federal crime to enter a social networking site in violation of the terms of service, but during recent congressional testimony, the agency said such violations would not be prosecuted.

But Lori Andrews, law professor at IIT Chicago-Kent College of Law specializing in Internet privacy, is concerned about the pressure placed on applicants, even if they voluntarily provide access to social sites.

"Volunteering is coercion if you need a job," Andrews said.

Neither Facebook nor Twitter responded to repeated requests for comment.

In New York, Bassett considered himself lucky that he was able to turn down the consulting gig at a lobbying firm.

"I think asking for account login credentials is regressive," he said. "If you need to put food on the table for your three kids, you can't afford to stand up for your belief."


McFarland reported from Springfield, Ill.

Comments

thuja 2 years, 1 month ago

One more reason I'm glad I'm still not on Facebook.

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jaywalker 2 years, 1 month ago

This isn't new, and college admissions do the same thing.

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blue73harley 2 years, 1 month ago

Part of the problem is that many corporations will not give any information on past employees except name, rank and serial number. Where I work is the same way. It is to avoid litigation like claims of "blacklisting". I am prohibited from saying anything even if it is good. I am not even allowed to write a letter of reference. So what I see happening is that policies like these cause employers to seek information where they can. I think it increases drug testing, criminal background checks and now prying into FB and other social media.

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Liberty_One 2 years, 1 month ago

This kind of stuff is another one of those unintended consequences of all those government "protections" that you liberals are so fond of. You see, when you make it so hard and expensive to fire someone, firms really have to make sure they are hiring the right person. They can't just hire you to try you out and then fire you if they don't like you. By working so hard to protect people with jobs, you make it much harder for people to actually get a job in the first place.

And of course, many employers just end up avoiding hiring American workers all together. But it's all their fault, right?

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gr 2 years, 1 month ago

"Chief Deputy Rusty Thomas defended the practice, saying applicants have a right to refuse. But no one has ever done so. Thomas said that "speaks well of the people we have apply.""

"Giving out Facebook login information violates the social network's terms of service. But those terms have no real legal weight, and experts say the legality of asking for such information remains murky."

Ok, an employer think it "speaks well of the people" to violate someone else's rules. And at the sheriff’s office, none the less!

But what's this about no real legal weight? I recall someone who was unable to not log into their facebook page to read messages from someone they didn't like and then killed herself. Then, the courts were trying to say that's bad. Hmm.....

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Ron Holzwarth 2 years, 1 month ago

It won't be very much longer before you will be required to list everyone you remember having had sex with in at least the last ten years, where you did it at, whether or not you knew their names, and describe exactly what types of sex you engaged in.

Of course, that will include what you did when you were alone in your bed and at other places, when you plan to do it next, and what you dream about at night.

But, that will all end when you get microchiped, then they'll watch you in realtime 24/7.

A voyeur's dream come true,,,

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Ragingbear 2 years, 1 month ago

It's interesting how the government is more and more limited about how they invade your privacy, but companies are allowed to practically dissect your brain anymore. That information is then sold to the DHS or in some cases given. It's a plot I tell you, a plot to turn us all into Morlocks!

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headdoctor 2 years, 1 month ago

I have a better idea. How about not having a personal Face Book or other social media accounts. Problem solved. There are many ways of keeping in touch with friends and family without telling the world what, where, or who your doing.

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Flap Doodle 2 years, 1 month ago

I would offer a stool sample instead of access to my FB page. "Here, I'll just hop up on this desk and drop a load. Oops, had chili last night. Sorry...."

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somedude20 2 years, 1 month ago

You can see mine if I can see yours! Two way street, bud. How do I know that my future employer isn't racist, sexist, homophobic, aggressive, lazy, and many many more things. I look at it like when they ask you questions, you are incouraged to do the same.

Heck, a way around this is to setup another FB account with your name that is used just to give to employers (you know, one that says how great, nice and what a good worker you are) Fakebook it, more than one way to skin shark!

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gphawk89 2 years, 1 month ago

Another option would simply be to not have a Facebook/Twitter account. I wonder if things will get to the point that companies will refuse to consider you if they can't get a good look at your profile.

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autie 2 years, 1 month ago

Then they would know all of my mirth and mayhem. No. To the barricades.

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Paul R Getto 2 years, 1 month ago

Illegal, but more and more commonly done. People should think more about what they put on FB.

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classclown 2 years, 1 month ago

Make sure to bring your diary to your next interview as well.

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Flap Doodle 2 years, 1 month ago

This is why a nom de internet and anonymous user ids are your friends.

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The_Original_Bob 2 years, 1 month ago

"I think the point here is that they are asking for access even if you have put it on private." Verity

Yeah, I know. It just amazes me how many people don't have Facebook on private.

"If you've put it out there for everyone to see and they look at it, that's one thing, but to demand/request access to social media is such a huge invasion of privacy." Verity

Boom. Yes.

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FalseHopeNoChange 2 years, 1 month ago

What's the big deal? The Obama is building a "Matrix" deep in Utah to monitor everyones emails, phone calls Google searches. The Obama's "NSA has become the largest, most covert, and potentially most intrusive intelligence agency ever."

The Obama will "in secret listening rooms nationwide, with NSA sofware examine every email, phone call, and tweet as they zip by."

(from a source)

Wired "Exclusive Report"

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verity 2 years, 1 month ago

Wow, just wow!

If you've put it out there for everyone to see and they look at it, that's one thing, but to demand/request access to social media is such a huge invasion of privacy.

In a time of high unemployment, companies can afford to act like this. Next they will be asking for your comment posting name and password. All you LJW posters---better be careful what you say.

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The_Original_Bob 2 years, 1 month ago

If you are dumb enough not to have your Facebook page on private then I don't know what to tell you.

Otherwise, lot of icky HR types out there are disgusting.

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