By Michelle Eigenheer–

With the rise of social media has come a warning to the working public – be wary of what you put online. Numerous companies have begun to judge their prospective employees by what they see on Facebook walls. Risqué photos, evidence of drug and alcohol use and offensive language or content found on social media sites may be enough to deter a company from hiring an applicant.

According to a report by the Associated Press, Justin Bassett, a statistician in New York, was applying for a job when his interviewer tried to view his Facebook profile but couldn’t due to his privacy settings. The interviewer then asked Bassett for his login information and password. Bassett refused and withdrew his application, citing that he didn’t want to work for a company that would seek such personal information.

Now, reports such as these have become widespread enough that Facebook issued a statement chiding the practice and threading legal action, “We’ll take action to protect the privacy and security of our users, whether by engaging policy makers or, where appropriate, by initiating legal action, including by shutting down applications that abuse their privileges.”

These reports have been widespread enough to elicit a reaction from lawmakers who have also scorned the practice, Two Democratic Senators, Charles E. Shumer of New York and Richard Blumenthal of Connecticut, have called upon the Justice Department – via Attorney General Eric Holder – and the Equal Employment Opportunity Commission to begin an investigation on the matter. Their main concerns, shared with many people across the U.S. and even the United Kingdom, include whether or not this is a violation of privacy and of federal employment law.

Federal employment law prohibits a company from turning down an applicant based on their race, gender, religion or association with a group such as a political party. By accessing a person’s Facebook account directly, prospective employers can potentially uncover private information that can lead to a biased review of an applicant.

Further, sharing login information is against Facebook’s privacy policy. On March 23, Facebook threatened legal action against employers that request Facebook passwords. Facebook considers this sharing to not only be a privacy concern, but a security risk.

“In an age where more and more of our personal information — and our private social interactions — are online, it is vital that all individuals be allowed to determine for themselves what personal information they want to make public and protect personal information from their would-be employers. This is especially important during the job-seeking process, when all the power is on one side of the fence,” said Senator Schumer in a statement.

On March 27, House Democrats proposed an amendment to a Federal Communications Commission reform package that would call on the FCC to prohibit employers from this activity. This bill lost in the House by a vote of 236 to 184, but may appear later as separate legislation.

[email protected]
Photo Illustration by Caitlin Williams/The Louisville Cardinal