And I thought companies not wanting to hire the unemployed was ridiculous!  Well, another phenomenon has trumped this – companies are now asking candidates and employees for their Facebook usernames and passwords sothey can further vet them for employment.  Again I say, “What in the world!”  

In case you haven’t heard about this, it’s true!  Last month, the Associated Press broke this incredible story.  It was reported that the majority of the identified cases have occurred with law enforcement positions.  While this practice is not illegal (yet), it is a very bad practice.  Companies that require candidates or employees to do this who really need the job put themselves in the position of being accused of coercion, which is illegal.  

Further, employers need to be cautioned that if they discover that a job applicant is a member of a protected group (age, race and color, national origin, sex-sexuality-pregnancy, religion or religious practices, disability), the employer may be vulnerable to claims of discrimination if it doesn’t hire that person.  Personal information such as gender, race, religion and age are often displayed in a Facebook  profile; all details that are protected by federal employment law. 

With all of the commotion, members of the federal and state government are stepping into to address this.  Two U.S. senators are asking Attorney General Eric Holder to investigate whether this practice violates federal law while two other senators are calling on the Department of Justice and the U.S. Equal Employment Opportunity Commission to launch investigations.  The states of Maryland and Illinois are also considering bills that would bar public agencies for asking for this information. 

So, the next time you interview for a position, if you are asked for this coveted, personal information, take action and refuse to give it! 

“It’s akin to requiring someone’s house keys” said Orin Kerr, a George Washington University law professor and former federal prosecutor. 

Until next time….