New Year's Resolutions 3 of 5: Get A Better Job - The Realities of Job-Hunting and Social Media Posting

     For Part 3 of Eckert & Smestad's 5 Part New Year's Resolutions blog, we will explore the realities of job hunting and its relations to personal social media postings.  A common fear that is discussed among people searching for jobs is the fear that posting inappropriate pictures or comments on Facebook, Twitter, blogs, etc. can cost them their job, or a job opportunity.  There have been many instances in which employees have been fired, or prospective employees have been rejected for job opportunities, because of comments or photos posted on social media (see here, here, here, and here).  However, a recent development in Illinois law may give employees and job seekers some relief.  Note, "some" relief, does not mean complete freedom to post anything with no consequences.

   On January 1, 2013, an amendment, commonly known as the "Facebook Bill," to the Illinois Right to Privacy in the Workplace Act went into effect.  This amendment effectively makes it illegal for any employer or prospective employer to request or require passwords or account information for social media from employees or prospective employees in order to gain access to such social media accounts as conditions of employment.  The "Facebook Bill" also prohibits employers and prospective employers from demanding access to its employees' or prospective employees' social media accounts or profiles as conditions of employment.

 
     The amendment states that it is "unlawful for an employer to refuse to hire or to discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, or conditions or privileges of employment because the individual uses lawful products off the premises of the employer during nonworking hours." (Right to Privacy in the Workplace Act, 820 ILCS 55/5).  This Act applies to all employers in the State of Illinois.  The law does nothing to prevent or limit an employers' right to set policies regarding the use of social media in the workplace, nor does it prevent an employer from seeking public information regarding an employee or prospective employee.

     This Law can give employees and job hunters some relief, however, it is worth noting that the normal rules of social interaction and business will always apply.  It is still advisable to remember that anything posted on social media should always be considered public and available to the entire world.  Therefore, if you are considering posting a picture or a comment on Facebook, Twitter, Instagram, or any other social media, you may want to take a second and think about whether it is something you want out there.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.