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649848 tn?1534633700

Job Seekers Getting Asked for Facebook Passwords

http://apnews.myway.com//article/20120320/D9TK30500.html

Job seekers getting asked for Facebook passwords

Mar 20, 3:22 AM (ET)

By MANUEL VALDES and SHANNON MCFARLAND

SEATTLE (AP) - 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 nondisparagement 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 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.
20 Responses
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649848 tn?1534633700
I had to go through a complete background check, including credit, criminal history (none), fingerprints, etc twice - once when hired to work for Federal Gov't and once when hired for the local school board. I knew they had to be done for security/safety reasons, so didn't mind. They just did those background checks without asking for any information from me...  Of course, both of those were pre-Facebook days........though I know they still can't go that far.
Helpful - 0
1310633 tn?1430224091
So... because of the poor economic climate we're in, people have lost jobs. Had houses foreclosed on. Let credit-card bills go unpaid. Over-extended themselves credit-wise, etc, etc. Consequently, maybe their credit-rating has been hurt.

They go for a job-interview that requires a credit-check, and get turned down because of their now'poor credit-rating.

Kind of a catch-22.

Can't get a job cuz my credit's bad..
Can't fix my credit cuz I don't have any money...
Don't have any money cuz I don't have a job...
Can't get a job cuz my credit's bad...
Etc, etc...
Helpful - 0
377493 tn?1356502149
For my current job I had to go through a credit check.  Also, police background check and social services.  It makes sense given I have access here to children, etc.  Even though I knew there was nothing problematic in my history, it sure felt intrusive..not something I'm used to.
Helpful - 0
973741 tn?1342342773
Oh, some corporations do also ask for your credit history too.  This indicates your level of responsibility or something like that.

My husband works in management and there are enough people out there that want good jobs that those hiring can be ultra picky.  If you've got a skeleton in your closet, well . . . the guy next to you has equal experience to yours with no skeletons.  He'll get hired.  

It is funny to me that they can't ask you certain things like your age or if you are pregnant during an interview but could possibly ask for these other things.  It really is Barb.

I wonder if they just do a simple "innocent" friend request rather than saying you must give us your password.  

Amanda.  I'm sure your tattoo is not hideous!    I have nothing to remind me of my youth but some really GOOD memories and a couple of photos (NOT on facebook!).
Helpful - 0
649848 tn?1534633700
Agreed....... and if my house is a bit messy on the day they come look around, will that, automatically, mean that I'm a messy person and my desk at work would be messy, so I wouldn't get the job?  

How about my bank account numbers, so they can see how I spend my money, whether I save or have a lot of credit card debt, etc?  

Granted potential employers want the best people, but again, why can they not ask my age, but have a right to ask for my FB password?  I'd much rather tell them how old I am.
Helpful - 0
377493 tn?1356502149
I hear you.  I am super careful.  I only have 60 friends.  Most are family members as my family is spread out all over the country.  Most of my cousins have kids now, and we are close, so we share pics, etc.  Then there are a very few old friends, and some friends from MH actually that I have known for years.  That's it.  You cannot be too careful for sure!

And yep, your dead on with the tattoo.  I still can't believe I have one...got it 20 years ago and it's just hideous..lol.  Had the belly ring too, but took it out when I was about 5 months pregnant.  All leftovers from my young and wild days...ha.
Helpful - 0
Avatar universal
Why don't they just ask for the keys to your house and a convenient time they can stop by and look around when you're not there?
Helpful - 0
973741 tn?1342342773
IAmanda, the thing about facebook and privacy settings is that anyone can print off what is on someone's page or do a screen shot------ and pass it on.  I had someone send me another person's photos off someone's facebook page!  It is just like email----------  once it is posted, you are at the mercy of what others do with it.  And many people I know have 100. 200. and many more "friends".  I'm sure you aren't posting anything that anyone can use against you but my niece showed me some pics on her facebook page over Christmas . . . . and she is a wonderful girl but having a GOOD time in college.  Every other pic she was like "oops",  "oh, sorry"  "oh, you weren't suppose to see that".  

A lot of people I know do have facebook accounts.  And many of them LOVE it.  To each their own.  I see all the time though that it can cause problems-----  an old flame gets in touch and 'reconnects' and now a couple is fighting or worse.  Lots of problems start that way.  Ugh.  

But again, many of my friends love facebook and use it responsibly and they see it as an enhancement to their life.  They go to the park and post it and any of their fb friends can see that and come to the park to meet them without 22 phone calls to set it officially up.

That is funny about the tattoo, that it does what I suspected---------------  but I am sure that your tattoo Amanda is still cute!!   Ha.  I'd have popped a belly ring out after my second child!  
Helpful - 0
206807 tn?1331936184
I applied for a couple of jobs that asked for access to my FB account. They didn’t ask for a password. I just replied, I “didn’t have one”. I didn’t get either job but I don’t know if it had anything to do with it or not.
Helpful - 0
377493 tn?1356502149
I have a fb account, but it's only to stay in touch with family and friends that live out of town or out of country.  I keep my info very limited.  We share photos of the kids, etc. My privacy settings are extremely high..no one can see anything without my permission.  I can tell you though, I know people that have lost their jobs due to things they have posted on fb.  Going on about their drunken nights.  I know a guy that slagged his company on his fb account and his boss saw it.  Stupid.  You just have to be careful what you put out there.

I do have a very small tattoo...it's on the inside of my hip, so no one can see it.  But Specialmom, you hit the nail on the head about what happens when your body changes.  It stretched when I was pregnant, and doesn't look very nice anymore.  I regret having it, but at least no one can see it.  
Helpful - 0
649848 tn?1534633700
Tattoos are a whole other subject and I won't even start on those, except to say - what are people thinking, when they cover their whole body with them?  And what happens if they get tired of them, circumstances change; not to mention when "gravity" takes over?  

Mike, you're right, what is put on FB is out there forever and can be dangerous...... just think of a photo of a year old baby in the bathtub floating in cyberspace for any pervert to look at; not to mention people that prey on sites like that and could snatch a baby so quickly, with the right info........  my daughter is one of those that posts her whereabouts (she even posted progress of her labor), along with everything that happens to anyone in her family...... I get so upset with her and she thinks I'm "old fashioned"............ whomp whomp!!   :-)
Helpful - 0
973741 tn?1342342773
Boy, I'm glad that tattoos weren't the "in" thing when I was in college and right after (when I was more vulnerable to such fashion statements)----  as possibly a small, inconspicous tattoo could now be a gigantic one that no one knew what it is anymore because it stretched out!  Ugh.  That is a lovely visual isn't it?  

There are one or maybe two (only!!  wink wink) things that I did in my young years that I would like to forget and if anyone accused me of it now, I could say "Prove it!" and they wouldn't be able to.  That's the way I like it!
Helpful - 0
163305 tn?1333668571
Same reason I never got a tattoo !
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Avatar universal
When I was young I was living in San Francisco and everyone was getting tattoos. I realized that I never left a picture on my wall for longer than 6 months or a year and figured I couldn't know how I'd feel about a picture on my arm later in life. We put personal stuff out there on Facebook and it's out there forever. I'm older now but I still don't want personal stuff out in the public domain. I think it's just crazy as well as dangerous.
Helpful - 0
973741 tn?1342342773
I don't have facebook and neither does my husband.  I don't get it.  Some people write on it where they are going for the afternoon, for crying out loud.  I thought cell phones were intrusive for a long time (and still often do)---  can't imagine feeling the need to post where I am going and what each of my family members are doing.  

I suspect a lot of college kids will be sorry they posted what they did at some point.  

Ha----------  someday someone will be running for a political office and be asked a hard question that would make them less desirable to voters . .  . and then a picture from facebook will all of a sudden appear from them doing the undesirable thing in college.  It will be interesting what damage putting it all out there on the internet will do to future generations.  I'm glad that my 'stupid' years weren't recorded.

(someone sent me a pic that they copied off of another persons facebook page . . . for those of you who think it is secure.  It is like email . . . you never know where it will end up.)  
Helpful - 0
163305 tn?1333668571
More of our rights erode.
I've always been against drug testing for employees. Not that I think anyone should work impaired but what a person does on their off time is not anyone's business.

Helpful - 0
1530342 tn?1405016490
If a person is desperate for a job, and they know they won't get it, without coughing up their FB information, of course, they're going to provide it.  All that shows about them is that they need the job.  

*****You are absolutely right Barb.. If they don't give the password, they're not getting hired...Oh goodness...

Helpful - 0
649848 tn?1534633700
I have a FB account, but post very little on it; I got it mainly to keep up with my kids' activities.  I think people post way too much stuff on there....... got very upset with my daughter last week for posting a pic of her baby in the bathtub......... to me, that's an absolute no, no.......

I don't know if it is legal for employers to demand a FB password.  As stated in the article, that's equivalent to demanding someone's house key.  The article also says "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."

If a person is desperate for a job, and they know they won't get it, without coughing up their FB information, of course, they're going to provide it.  All that shows about them is that they need the job.  

Why should it be illegal for a potential employer to ask your age, but okay for them to demand your FB password in order to get even more personal information?  
Helpful - 0
1530342 tn?1405016490
I don't have a facebook account and I have no interest in facebook but How is this legal? I can't even believe this!!!
Helpful - 0
Avatar universal
I wouldn't ever consider having a Facebook account. This is as social as I get online.

Mike
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