BILL NUMBER: S2518A
SPONSOR: RAMOS
 
TITLE OF BILL:
An act to amend the labor law, in relation to prohibiting an employer
from requesting or requiring that an employee or applicant disclose any
user name, password, or other means for accessing a personal account
through specified electronic communications devices
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would prohibit employers from requesting or requiring username
and login information including passwords as a condition of hiring,
employment status, for use in disciplinary actions.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the labor law by adding a new section 201-h to prohibit
employers from requesting or requiring access to personal electronic
communication accounts of prospective or current employees. This section
also allows for specific exemptions to the law when employers would be
allowed to request the information and exempts law enforcement, fire
departments, and the department of corrections and community super-
vision.
Section 2 sets the effective date.
 
JUSTIFICATION:
Employers are beginning to use various types of new tools in decisions
dealing with hiring and disciplinary actions regarding prospective and
current employees. Recently, there have been reports of employers
demanding login information, including username and password information
to popular social media websites such as Facebook and Twitter, as well
as login information to email accounts and other highly personal
accounts. This information is being used as a condition of hiring, as
well as promotions, lateral movement within companies, and in matters
relating to disciplinary action including, but not limited to, firing of
individuals.
This type of request can lead to issues of unfair and discriminatory
hiring and admissions practices and constitutes a severe invasion of
privacy on behalf of the employer. Employees have the right to make this
information either public or private through the websites. They should
have every right to maintain this privacy when it comes to their work-
place or during an interview or admissions process. In these economic
times many people do not have the option to walk away from a job and are
forced to submit to this request for fear they will not be hired other-
wise. This bill would remedy this issue and leave consumers with their
right to privacy and reduce the risk of unfair and discriminatory
hiring.
 
PRIOR LEGISLATIVE HISTORY:
2017-18- A.5485 - Third Reading Calendar/S.1573A - Referred to Labor
2015-16- A.4388 - Advanced to Third Reading Calendar/ S.6871- Referred
to Labor
2013-14- A.443-D - Passed Assembly/S.2434-D- Advanced to Third Reading
Cal.
2011-12- A.9654- Passed Assembly/S.6831- Referred to Labor
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become
law.