— Amid reports that employers are requiring workers and job applicants to turn over access to their Facebook profiles, the Legislature has sent Gov. Chris Christie a bill that would ban even asking for the information.
The legislation (A2878), which has been working its way through the Legislature since May, would allow current and prospective employees to sue if the employer requires they turn over their usernames or passwords, or even forces them to disclose whether they have profiles.
It passed 75-2.
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"It’s just a continued evolutionary goal of trying to keep pace with technology and how people are now conducting themselves, and clarifying that privacy should still be respected,” said Assemblyman John Burzichelli (D-Gloucester), a sponsor.
In addition to the threat of lawsuits, companies that break the law would face $1,000 for the first violation and $2,500 each time after.
While the bill passed with little opposition, not everyone in New Jersey is on board.
AnnMarie McDonald, a spokeswoman for the New Jersey Lawsuit Reform Alliance, said her organization supports the bill’s premise but disagrees with the provision to allow lawsuits, and thinks the bill’s wording is too vague in sections.
“With respect to a prospective employee, that’s a big deal,” she said. “Let’s say you’re hiring for a social media coordinator position or something where social media is relevant, it becomes very difficult to ask those questions.”
McDonald said the bill would disproportionately hurt small businesses that can’t afford legal advice and would be a “gold mine” for attorneys because applicants would claim they were not hired because they would not turn over their profile information.
“There’s no third party in the room to say this happened or didn’t happen,” she said.
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Burzichelli, however, said people applying for those types of jobs would most likely have professional portfolios to show off. He also noted that nothing in the bill stops companies from looking up prospective employees’ social media profiles without asking about them.
Michael Drewniak, a spokesman for Gov. Chris Christie, said the governor has not decided whether he’ll sign the bill.
“We’ll have to see the bill in its final form and consider it, and the governor will act within the allotted time allowed,” he said.
Christie did, however, sign a similar in December bill that banned higher education institutions from requiring the same of their students and applicants.