Executive Summary: Employers who require employees or applicants to disclose their social media passwords (whether as part of a background check or for other reasons) may want to reconsider that practice in light of a law just passed by the Maryland legislature, which prohibits such requirements. 

Maryland's new law, which is awaiting the governor's signature, prohibits employers from requiring an employee or applicant to disclose any user name, password or other means of accessing a personal account through certain electronic communications devices.  The law also prohibits employers from retaliating against employees and applicants who refuse to disclose such information. 

Additionally, the law prohibits employees from downloading unauthorized employer proprietary information or financial data to a personal web site, internet web site, web-based account or similar account.  The new law is not intended to prevent an employer from investigating such unauthorized downloading. 

Employers' Bottom Line:  Employers subject to Maryland law should ensure that their social media policies and practices comply with the new legislation.  Additionally, employers should be aware of similar legislation that is pending in other states, including Illinois, California, Minnesota, and Michigan. 

If you have any questions regarding this Alert or other issues arising from the use of social media in the workplace, please contact the Ford & Harrison attorney with whom you usually work.