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47 New Eng. L. Rev. On Remand 1 (2012)

handle is hein.journals/remand47 and id is 1 raw text is: All Up in Your Facebook: Using Social
Media to Screen Job Applicants
Justin Bassett, a statistician, was interviewing for a new job. He answered
some character questions, and then the interviewer turned to her
computer and searched Mr. Bassett's public Facebook page. She then
asked Mr. Bassett for his Facebook password. Mr. Bassett refused. He
withdrew his application because he did not want to work for a company
that would seek such personal information.' Robert Collins did not have
that luxury. Mr. Collins reapplied to the Maryland Department of
Corrections after taking a bereavement leave. During the interview, Mr.
Collins was asked for his Facebook login and password. Mr. Collins sat
with the interviewer as they logged onto his account, and not only read his
posts, but also those of his family and friends.2 Shocked, he nevertheless
turned over his password: I needed my job to feed my family. I had to.3
The North Carolina Department of Public Safety goes so far as to ask for an
applicant's Facebook and MySpace password on his or her application.4
And with unemployment close to 13 million people,5 many who obtain an
interview may not be in a position to say no and walk away.
When it comes to a job search, everything counts: your posts, your
Professor, Markets, Policy and Law, Boston University; B.A., Political Science, Boston
University 1992; J.D., New England Law I Boston 1996.
Manuel Valdes & Shannon McFarland, Employers Asking Job Seekers for Facebook Passwords,
BOSTON.COM (Mar. 21, 2012),
http://articles.boston.com/2012-03-21/business/31215585 1 social-networking-password-
Id.; American Civil Liberties Union, Want a Job? Password, Please!, ACLU.ORG (Feb. 18,
2011), http://www.aclu.org/blog/technology-and-liberty/want-job-password-please.
Valdes & McFarland, supra note 1.
Mike Wehner, Could Employers Begin Asking for Facebook Passwords oin Applications?,
TECCA.COM (Nov. 29, 2011), http://www.tecca.com/news/2011/11/30/facebook-password-jobs.
Bureau of Labor Statistics, News Release, BLS.cov (Sept. 7, 2012),


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