After five hours of debate spanning two days, senators voted March 30 to advance a bill that would establish workplace electronic privacy protections in Nebraska.<\/p>\n
LB821, sponsored by O\u2019Neill Sen. Tyson Larson, would adopt the Workplace Privacy Act. As introduced, the bill was limited to an employee\u2019s social networking sites. A Business and Labor Committee amendment, adopted 42-0, replaced the bill and would prohibit an employer from requesting or requiring that an employee or applicant:
\n\u2022\tdisclose his or her user names or passwords to personal Internet accounts;
\n\u2022\tlog into a personal Internet account in the presence of an employer;
\n\u2022\tadd anyone to his or her personal Internet account; or
\n\u2022\tchange his or her personal Internet account settings.<\/p>\n
The amendment also would prevent an employer from taking adverse action against, failing to hire, or otherwise penalizing an employee or applicant for failure to disclose his or her personal Internet account setting information.<\/p>\n
Larson said that employees in other states have been asked to open their social media accounts in an employer\u2019s presence. Nine states have passed legislation on the topic and several others are considering similar bills, he said.<\/p>\n
An employer would retain the right to promulgate rules governing Internet use and restrict an employee\u2019s access to certain websites. An employer also could take action against an employee for downloading or transferring proprietary information.<\/p>\n
The bill would allow for a civil suit if initiated within one year of an alleged violation of the act.<\/p>\n
Larson said the proliferation of social media has created new privacy concerns for employees. An employer should not be able to view an employee\u2019s private social media content any more than they should be able to go through an employee\u2019s personal mail, he said.<\/p>\n
\u201cLB821 establishes basic social media privacy protections for individuals who are employed or seeking employment while protecting the property interests of employers,\u201d he said.<\/p>\n
Omaha Sen. Ernie Chambers offered an amendment March 29 that would add the words \u201cincluding discrimination based on sexual orientation or gender identity\u201d to the bill\u2019s prohibition on employer retaliation. He said the change would make LB821 inclusive of all employees.<\/p>\n
\u201cAll this amendment does is to grant the same protection to my friends\u2014your friends, some of our relatives\u2014who are members of the LGBT community, the protections that every employee is seeking,\u201d Chambers said.<\/p>\n
Larson opposed the amendment, calling it unnecessary.<\/p>\n
\u201cThere is no discrimination [in the bill],\u201d he said. \u201cIt is as broad and sweeping as possible. It protects every employee and every prospective employee.\u201d<\/p>\n
Chambers countered that LB821 creates a right to workplace privacy that currently does not exist in Nebraska law. As a result, he said, the definition of employee in the bill is only as broad as the understanding articulated in state policy generally.<\/p>\n
\u201cThe policy of this state is clear that members of the LGBT community have no rights when it comes to employment, period,\u201d Chambers said.<\/p>\n
Lincoln Sen. Patty Pansing Brooks supported the amendment, saying employers could discriminate against LGBT workers without the additional language.<\/p>\n
\u201cEveryone that has equal rights in the workforce would have protections under this bill,\u201d she said, \u201cbut without a way to protect [LGBT individuals] in the workforce, then they can be treated differently.\u201d<\/p>\n
The amendment failed on a vote of 10-26.<\/p>\n
Chambers offered a series of similar amendments and procedural motions during debate March 30 in an effort to delay a vote on the bill. None of the amendments were adopted.<\/p>\n
Larson then offered a technical amendment, which was adopted 30-0, and senators voted 40-1 to advance the bill to select file.<\/p>\n","protected":false},"excerpt":{"rendered":"
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