Earlier this month, Nevada passed Assembly Bill 181 which establishes two new unlawful employment practices. The two-fold legislation makes it unlawful for an employer to condition employment on a consumer credit report and access to an employee’s social media account. The new legislation becomes effective October 1, 2013.
This first part of Assembly Bill 181 establishes an unlawful employment practice for employers to use or request credit information for employment-related decisions. These same restrictions are found in Senate Bill 127 which the Nevada legislature passed on May 23rd of this year. The two bills mirror each other with regard to restrictions placed on employers’ use of consumer credit reports and other credit information, and remedies under the law. backgroundchecks.com provided a summary of Senate Bill 127 on June 4, 2013. You may access our summary on this topic here: http://www.backgroundbiz.com/compliance/complianceupdate_06042013.html.
The second unlawful employment practice established under Assembly Bill 181 relates to social media. It defines “social media account” as any electronic service or account or electronic content, including, without limitation, videos, photographs, blogs, video blogs, services, online services or Internet website profiles.
The Act makes it unlawful for an employer to:
1. Require, request, suggest or cause any employee or prospective employee to disclose the user name, password or any other information that provides access to his or her personal social media account.
2. Take any adverse action or threaten to take such action against any employee or prospective employee who refuses, declines, or fails to disclose the user name, password, or other information that provides access to his or her personal social media account.
The only exception to these restrictions is when an employer requires the information to access its own internal computer or information systems.
No remedy is provided under the law for violations related to social media account restrictions.
The Act may be accessed here: http://www.leg.state.nv.us/Session/77th2013/Bills/AB/AB181_EN.pdf