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June 5 2015

Virginia Limits Employer Access to Social Media Accounts of Employees and Applicants

Effective July 1, 2015, employers in Virginia will be prohibited from requiring, requesting, or causing a current or prospective employee to disclose the username and password to the individual's social media account. The new law also prohibits employers from requiring an employee to add another employee, a supervisor, or an administrator to the list or contacts associated with the individual's social media account or changing the privacy settings. An employer taking or threatening to discharge, discipline, or otherwise penalize any employee in retaliation for his or her refusal to comply with a request or demand that violates the new law is in violation of the law. Failing or refusing to hire a prospective employee for exercising his statutory rights also is a violation.