Employers Request Facebook Access

By KENDRELL D. COLLINS
Published: September 27, 2012

321 Comments

Are you on Facebook? Lately, this question has been posed by the most unlikely of individuals,
employers. Social networking sites like Facebook have become reservoirs for our online
identities. People use this media outlet to share a wide range of information, from relationship
status to current location. Information posted on Facebook is able to give potential employers
details about ones life and make judgments about his or her character. For most, this information
is considered relatively private and only those considered Friends are able to view it. It would
seem absurd for an employer to request the keys to a persons home so that he or she could
inspect it. But isnt asking for access to ones Facebook profile the cyber equivalent? Making
judgments about a persons professional ability based on private matters is not only invasive but
also potentially discriminatory. The introduction of online social networking has provided an
alternate way for employers to gain insights on potential employees. This has ultimately led to an
invasion of personal privacy for applicants. To those seeking work, the thought of their private
postings being revealed to their prospective boss is quite troubling.
Economically speaking, information is a very a scarce resource. When job seekers fill out
applications or attend interviews, the information employers have is limited to what applicants
write on paper or tell them. Hence, it is paramount that the employer gathers enough information
about a person that is sufficient to convince him or her to invest resources and money into the

individual. It is tempting to use the place where modern applicants post much of their
information as reference.
For some applicants the things they post on Facebook may not be
considered private. The same cannot be said for all users. In Good
Reasons with Contemporary Arguments, Robert X. Cringely article
alludes, People may not give a damn about some kinds of personal
information, but they care a great deal about other information. In
response, some employers might say that the employee still has the
option to refuse to offer his or her Facebook password if asked. This
is true. However, there is a lot of pressure to grant the request given
the scarcity of jobs in our economy. According to the Bureau of
Labor Statistics, over 12 million Americans (8.1%) were
unemployed during August 2012. The current job market may cause
some to reluctantly appease potential employers hoping to gain
access to their online identities.
There are reports of individuals who have stood their ground. In a
March 2012 online article from CBS News, the Associated Press in Seattle described how New
York statistician and job seeker named Justin Bassit refused to give up his Facebook username
and password during an interview. In the report Georgetown law professor, Orin Kerr, called the
situation an egregious privacy violation. Just because
information is available on a persons Facebook page does
not mean it is acceptable for employers to view and base
decisions on. Online information can be very delicate.
Since the sensitivity others place of such information can be
difficult to conclude, employers should seek less intrusive
means of learning about the individual.
The greatest threat may come from the public sector.
During March of this 2012 host of National Public Radio,
Robert Sigel, interviewed Robert Collins who was required to tell his Facebook password. In
this incident, he was applying for a job position with the Department of Public Safety and
Correctional Service and Correction Services in Maryland. This case is even more troubling
because it involves a government position. The government is set in place to protect us from
unreasonable privacy invasions. Nevertheless, it is again at the center of controversy because of
overreaching.

Job applicants around the country are at risk. Employer invasion of privacy concerns have
heard. Government official have responded. A March 25, 2012 article in the New York Times
mentioned that Senator Charles Schumer of New York and Richard Blumenthal of Connecticut
asked Attorney General Eric Holder to investigate the legality of the employers actions.
While the response is pending let us examine for ourselves what the law says. According to
section 703 of Title VII of the Civil Rights Act of 1994 it is unlawful to deprive any individual
of employment opportunities or otherwise adversely affect his status as an employee, because of
such individuals race, color, religion, sex, or national origin. The Age Discrimination
Employment Act of 1967 also restricts age discrimination in employment. There is of course no
way to determine whether an employer makes his or her final judgment based on this
information, but being exposed to it certainly shapes his or her perception which could lead to
discrimination. If an employer were to peruse a potential employees Facebook page he or she is
likely to be exposed to information linked to all of the previously listed personal characteristics,
including age.
One is tempted to inquire where Facebook stand on the issue. The social network is indeed at
the center of the controversy and their stance should be noted. It appears that Facebook, which
has been repeatedly accused of invading privacy, has surprisingly taken the side of individual
users. Here is what a Facebook policy note on March 23, 2012 stated:
We dont think employers should be asking prospective employees to provide their
passwords because we dont think its the right thing to do. But it also may cause
problems for the employers that they are not anticipating. For example, if an employer
sees on Facebook that someone is a member of a protected group (e.g. over a certain age,
etc.) that employer may open themselves up to claims of discrimination if they dont hire
that person.
In this article Facebook acknowledges the unpleasant result that its very existence has prompted.
The social network does not say that its users should simply avoid posting personal information,
as this would not be in their best interest. Instead, it asserts that certain information posted on its
site is considered private and should not be tampered with by employers.
Truthfully, businesses and workers both act out of self-interest. Employers want to find
employees that possess skills and qualities that best fit their needs. Similarly, workers seek out
employers who will provide the best quality position at the best price in relation to the
individuals qualifications. Danger arises when the actions of one party infringe on the rights of
the other, in this case, employer to applicant. Social networks like Facebook have been a catalyst

for the privacy invasion. The invasion is indeed unjust to potential applicants. Some may argue
that the reports of such events are few and non-threating. To the opposition I respond with the
words written by Dr. Martin Luther King Jr. in his Letters from a Birmingham Jail, Injustice
anywhere is a threat to justice everywhere.

Bibliography
Faigley, Lester, and Jack Selzer. "Privacy." Good reasons with contemporary arguments:
reading, designing, and writing effective arguments. 5th ed. New York: Longman, 2012.
488,489. Print.
"Job seekers asked to give Facebook passwords - CBS News." Breaking News Headlines:
Business, Entertainment & World News - CBS News. Web. 1 Oct. 2012.
<http://www.cbsnews.com/8301-505124_162-57400598/job-seekers-asked-to-give-facebookpasswords/>.
PRESS, THE ASSOCIATED. "Senators Want Employers Facebook Password Requests
Reviewed - NYTimes.com." The New York Times - Breaking News, World News & Multimedia.
Web. 1 Oct. 2012. <http://www.nytimes.com/2012/03/26/technology/senators-want-employersfacebook-password-requests-reviewed.html>.
"Resume, Cover Letter And Your Facebook Password? : NPR." NPR : National Public Radio :
News & Analysis, World, US, Music & Arts : NPR. Web. 1 Oct. 2012.
<http://www.npr.org/2012/03/21/149091139/resume-cover-letter-and-your-facebook-password>.
"The Age Discrimination in Employment Act of 1967 (ADEA)." EEOC Home Page. Web. 2
Oct. 2012. <http://www.eeoc.gov/laws/statutes/adea.cfm>.

Title VII of the Civil Rights Act of 1964." EEOC Home Page. Web. 1 Oct. 2012.
<http://www.eeoc.gov/laws/statutes/titlevii.cfm>.
"Update Your Browser | Facebook." Update Your Browser | Facebook. Web. 1 Oct.
2012. <http://www.facebook.com/note.php?note_id=326598317390057>.
"Letter from a Birmingham Jail [King, Jr.]." African Studies Center, University of Pennsylvania.
Web. 1 Oct. 2012. <http://www.africa.upenn.edu/Articles_Gen/Letter_Birmingham.html>.