“An Act Concerning Employee Online Privacy” Goes Into Effect on October 1, 2015

On October 1, 2015, “An Act Concerning Employee Online Privacy” goes into effect. The Act prohibits employers from:

1) requesting that an employee or job applicant reveal their user name, password, or other way to access the employee or job applicant’s personal online account;

2) requesting or requiring that an employee or applicant authenticate or access a personal online account in the employer’s presence; and/or

3) requiring that an employee or applicant invite their employer or accept an invitation  from the employer to join a group affiliated with any personal online account of the employee or applicant.

The Act defines “Personal online account” as any online account that is used by an employee or applicant exclusively for personal purposes, and unrelated to any business purpose of the employee or applicant’s employer or prospective employer. The Act specifically excludes accounts created, maintained, used, or accessed by an employee or applicant for a business purpose of such employee or applicant’s employer or prospective employer.

In addition, the Act prohibits discriminating against, retaliating against, or otherwise penalizing any employee who exercises their rights under the Act. With regard to applicants, the Act prohibits employers from failing or refusing to hire an applicant as a result of the exercise of their rights under the Act.