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Companies can minimize liability by having anti-harassment policies.These can include various obligations, for example, an obligation to put an employer on notice or to follow the harassment policy when making a claim.You should consult your own state's law to determine if it considers handbooks to be contracts between employers and employees.Additionally, it is important to realize that an employer can generally change its handbook or personnel policy at anytime, so if your employer sends out a personnel policy update be sure to read through it to be aware of your rights.While some state laws provide limitations to the employers’ use of social media in discipline and termination decisions, the courts will generally weigh the employee protections against an employer’s business interests.For more information on state and federal laws regarding the use of social media in employment decisions see our Social Networking & Computer Privacy Page.

Employers generally can and do use information from accessible social media accounts to make employment decisions.(b) My social media accounts are private- Can my employer demand access to my account or base employment decisions off of my profile?There are no federal laws that prohibit an employer from requiring an employee or job applicant to provide their username and password for social media accounts; however, a number of states have enacted laws with various levels of protection in regards to employees social media accounts.If an employers handbook or personnel policies provide procedures to be followed in terms of employee discipline or termination, those procedures should be followed and applied evenly.For instance, if an employer applies the policies discriminatorily, such as following the handbook for men but not for women, this can be used as evidence of discrimination.

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