Oregon Employees Not Required to Provide Access to Social Media

Effective January 1, 2014, Oregon House Bill 2654 prohibits employers from requiring employees and applicants to disclose personal social media content.  Employers are also prohibited from retaliating against and employee or applicant who refuses to provide access to accounts or to add their employer to a contact list.  Employers may, however, require an employee to share social media content (but not passwords) in the context of an investigation into misconduct involving social media.  For example, where an employee is accused of harassment and alleged to have made harassing comments on Facebook or other social media websites.  Further, the law does not prohibit employers from viewing public content, or restrict an employer from viewing employee social media activity/content where the activity/content are obtained via employer monitoring of employee internet activity during work hours on the employer’s network.

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