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

2 Co-sponsors

• David Carlucci
• Joseph E. Robach

BILL NUMBER:S2434D

Title of bill

An act to amend the labor law and the education law, in relation to prohibiting an employer or educational institution from requesting or requiring that an employee, applicant or student 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 and educational institutions from requesting or requiring user name and login information including passwords as a condition of hiring, employment status, for use in disciplinary actions, as well as admission decision or enrollment status.

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. This section also allows for specific exemptions to the law when employers would be allowed to request the information.

Section 2 amends the labor law by adding a new section 115 which would prohibit educational institutions as defined by the section, from requesting or requiring access to personal electronic communication accounts of prospective of current students. This section also allows for specific exemptions to the law when educational institutions would be allowed to request the information.

Section 3 sets the effective date.

Justification

Employers and educational institutions, universities in particular, are beginning to use various types of new tools in decisions dealing with the hiring, admittance and acceptance, and disciplinary actions regarding prospective and current employees and students. Recently, there have been reports of employers demanding login information, including username 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 or acceptance to a college, 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 and admissions practices and constitutes a serious invasion of privacy on the behalf of the employer or school. 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, classroom, or during an interview or admissions process. 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 and admissions practices.

Prior legislative history

2011-12- A.9654- Passed Assembly/S.6831- Referred to Labor

Fiscal implications

None to the State.

Effective date

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