Can an employer legally demand access to a private internet account as an interview employment condition?

Question

My daughter and others were asked to open their private MYSPACE pages as an interview employment condition. The interviewer deleted comments with words he did not deem appropriate and chastised her for some of the content of the private messages sent to her from others. Is this legal?

Answer 1

Personally, I don't understand why anyone would admit to having a myspace account to their boss/teacher.

I have a myspace account, as well as accounts at other "community" websites, but I do not mention my name or any other identifiable information. With millions of accounts, it would take a miracle or a lot of patience for someone to stumble across my picture.

I think it is a VERY good idea for anyone that uses public forums such as yahoo questions, myspace or whatever, to keep them separate from their real life.

As for the legality, you would have to check with a lawyer. If the employer viewed the public pages, then there is nothing illegal or unethical. If they were made to open them via password in which it sounds like they did, there may be reason for a lawsuit if that is the path you wish to take.

Answer 2

I'm not aware of any law against it. There is nothing in US federal labor laws that would prevent it.

But I think it is stupid from the employer's perspective. If your daughter has a negative outcome (not getting hired, being disciplined, etc.) the employer is now presumed to know anything that was contained in any of those pages. Then the employer would have the burden of proving that the negative action was not caused by information found there that put your daughter in a protected class. As someone who has sued employers, I can tell you it is hard to do this.

The employer should talk to his or her attorney who will insist that such stupidity stops.

Answer 3

There's no way that's legal. It's her private space - hence the name. I'd be calling the employer to complain. She's not going to want to work there anyway, if the interviewer is that much of a power tripper at an interview, imagine what they'd be like to work for!

Answer 4

Exactly how would they know your daughter had a myspace account ?

It's not like everyone does.

You didn't say what job she was applying for.

You didn't tell us the relevance of myspace to the job she was interviewing for.

If she listed her myspace page as part of her application ( ie: this is what I can do ) then it would be appropiate for them to see her page before hiring her.

Answer 5

Sure. Your daughter didn't have to give the employer access to her MYSPACE page; then again, the employer didn't have to interview her or hire her.

Answer 6

Generally not. I would NEVER allow anyone access of a demand basis like that. He is messing with your privacy (obviously successfully).
If you allow it then it is legal. YOU gave him access! I would consider it a bluff.
Interviewer for what? I would kick his ars out the door (and not show him anything).

Answer 7

This is only acceptable for certain kinds of jobs, for instance in national security, where personal vetting takes priority over privacy. For normal run-of-the-mill jobs it's certainly not legal.

Answer 8

nope life liberty and the pursuit of happiness. now if the myspace was accessed at work then the boss can fire them. but if it was all done on personal time then he can do nothing and you might want to call the aclu.

Answer 9

It can be legal if the terms of the employment contract say so, and if the employer is subject to goverment or SRO regulations (SEC, MSRB, etc.) with security concerns.

Answer 10

yes...inappropriate but legal....it is up to your daughter to decide to work elsewhere.

An employer has pretty borad rights in terms of hiring and continued employement in non contract situations...the only thing they can't do is discriminate.