Prohibits an employer from requesting that an employee or applicant disclose any means for accessing an electronic personal account or service

2 Co-sponsors

• David Carlucci
• Mark Grisanti

BILL NUMBER:S6831

Title of bill

An act to amend the labor law, in relation to prohibiting an employer from requesting or requiring that an employee or applicant disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices

Purpose or general idea of bill

This bill would prohibit employers for requesting or requiring user name and log in information including passwords as a condition of hiring and/or employment status as well as for use in disciplinary actions.

Summary of specific provisions

Section 1 amends the labor law by adding a new section, 201-g that would prohibit employers from requesting or requiring access to personal electronic communication accounts of prospective or current employees.

Section 2 sets the effective date.

Justification

Employers are beginning to use various types of new tools in decisions dealing with the hiring and disciplinary actions regarding prospective and current employees. Recently, there have been reports of employers demanding log in information, including user name and password information to popular social media websites such as Facebook, Twitter as well as login information to email accounts and other extremely personal accounts. This information is being used as a condition of hiring, as well as promotions, lateral movement within companies and in matters relating to disciplinary action including, but not limited to, firing of individuals.

This type of request can lead to issues of unfair and discriminatory hiring practices and constitutes a serious invasion of privacy on the behalf of the employer. Employees have the right to make this information either public or private through the websites and they should have every right to maintain this privacy when it comes their work place or during an interview. In these economic times many people do not have the option to walk away from a job and are forced to submit to this request for fear they will not be hired otherwise. This bill would remedy this issue and leave consumers with their right to privacy and reduce the risk of unfair and discriminatory hiring practices by employers

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the 180th day after it shall have become law.