Most people have at least one social media account out there, so employers expect you to have some kind of online presence. Are they allowed to check out your posts and use them against you though? You do have some right to privacy, but you should read on to learn more about when employers can take a look at your online profiles and when you may need the assistance of a Los Angeles discrimination lawyer.
Can My Employer Look at Publically Available Social Media Posts?
If the posts are public, there is really nothing that you can do to stop your employer or potential employer from looking at them. A simple Google search is likely to bring up any of your accounts if you use your real name or something closely resembling it as a username.
Whether you are hunting for a job or currently employed, it is possible that your posts or photos will affect your professional life. If you are really concerned about this, it can be a good idea to lock down any personal accounts and take a look at the profiles of friends and family to see what you have been tagged in.
Can a Potential Employer Ask Me For My Social Media Account Names or Passwords?
One thing an employer or potential employer cannot do is ask for your account names or passwords. This is a violation of state law. They cannot ask to see videos, photos, messages, posts, or anything else that you have not already made publicly available.
Let’s say you have a Twitter, or X, account, but you “protect” your posts. This means that only people who you allow to follow you can see your tweets and that none of them are public. An employer or hiring manager cannot ask for your password so that they can see what you are posting. The same would apply to a private Instagram account or any other similar social media account.
What Should I Do If I Suspect I Have Been Discriminated Against?
As we established, an employer or potential employer can look at public posts as much as they would like. However, they cannot use the information gained to discriminate against you. Social media posts could reveal information that you kept private at work or during a hiring process, like your religion, your sexual orientation, or your pregnancy status.
If this information is used against you, that is discrimination. A lawyer from our firm can help you build a case and hold a discriminatory employer accountable.
Contact Our Employment Lawyers
If you have questions about privacy laws or your rights in the workplace, contact RD Law Group. Schedule a consultation and tell us more about your situation, and we can tell you whether or not an employment lawyer from our firm can be of assistance.
