Can an Employer Require Me to Share My Social Media?

The overwhelming majority of American adults have at least one social media account that they use on a regular basis. What you post on your social media can be sensitive. This raises an important question: Can an employer require you to share what is on your social media? In Florida, the answer is likely “yes”—or at least there is no state or federal law that prevents that from asking for access to your social media accounts. In this article, workers in Florida will find a guide to the most important points that they should understand about state and federal law regarding an employer’s ability to access their social media.

Know the Law: No Protection Against Social Media Access Requests from Employers 

There are some states that are now passing laws to protect employee social media accounts from their employers. However, there is no federal law in place. Further, Florida does not have any state-specific law that prohibits employers from seeking access to employee social media. In other words, if you are applying for a job or already working, your employer might ask you to share your social media details. They have the ability to do so. Given the state of the law in Florida, job applicants and employees should be very careful about what they post online. It could potentially be used against them by an employer.

 Employers Cannot Gain Unauthorized Access to Your Social Media Account

To be clear, your employer has the right in Florida to request access to your social media account. That is the only thing that they can do—meaning they do not have the right to work around your privacy protections to get unauthorized access. Indeed, if an employer were to hack into your social account that could constitute a violation of the federal Stored Communications Act (SCA). Hacking a social media account can result in very serious criminal charges.

 The Context Always Matters: Discrimination, Retaliation Remain Unlawful Practices

While Florida law does not protect social media privacy in the workplace, many employees are still shielded from discrimination and retaliation under Title VII of the Civil Rights act and the Florida Civil Rights Act (FCRA).

For example, consider a situation where an employee at a large company files a complaint about sexual harassment. If, in response, the employer demands access to this employee’s social media accounts but does not ask the same from other employees, it could be seen as retaliation.

Retaliation occurs when an employer punishes an employee for engaging in legally protected activity. In the hypothetical example, the employee exercised their right to complain about workplace harassment, a legally protected action. Of course, these cases are highly fact specific.

Get Help From an Employment Lawyer in Florida 

Employee rights matter. If you believe that your rights were violated by an employer, professional guidance and support can make the difference. Please do not hesitate to contact an experienced Florida employment lawyer for a confidential initial consultation.