Social media protections considered for employees, applicants
The Business and Labor Committee heard testimony Jan. 28 on a bill that would restrict employers from accessing social networking accounts.
Under LB58, introduced by O’Neill Sen. Tyson Larson, employers would be prohibited from requiring employees or applicants to disclose their social network account information or log on to their social networking sites in the employer’s presence.
The bill also would prohibit employers from accessing employees’ or applicants’ social networking accounts indirectly through third party contacts. A civil action could be brought against an employer one year after the date of an alleged violation.
As social networking sites become increasingly popular, Larson said, there is a growing need to protect individuals who use them. The bill would restrict employers from accessing information employees choose to keep private, he said.
“We have to be mindful of the employer/employee relationship in a technologically evolving world,” Larson said. “Employers should not be allowed to access private information just because it is on the Internet.”
Alan Peterson, a lawyer for the ACLU, testified in support of the bill, saying he has tried a number of discrimination cases in which employers asked interview questions about an applicant’s gender, race and religion. Requiring a password to these sites would provide an employer with such information, he said.
Steve Lamken, chief of the Grand Island Police Department, testified in opposition to the bill. He cited a case in which the department took action against a uniformed officer who was posting derogatory comments on his Facebook page.
Law enforcement officers should be held to higher standards, he said, and under the proposed bill, the actions of the department to uphold such standards would have been illegal.
Korby Gilbertson, a lobbyist for the Nebraska Realtors Association, testified in a neutral capacity, saying the bill does not clearly define the term employee.
Gilbertson said real estate brokers are responsible for their agents, who are considered independent contractors. When real estate agents have hundreds of Facebook friends to promote their businesses, she said, it becomes an issue for the brokers who are liable for those agents.
Lynn Rex, executive director of the League of Nebraska Municipalities, also testified in a neutral capacity. There could be safety concerns—such as an individual posting about bringing a gun to work—that require action without an employer fearing civil repercussions, she said.
“The bill conceptually is addressing privacy, but there is a competing element that needs to be tightened up significantly,” Rex said.
The committee took no immediate action on the bill.
