Legislation and Compliance Update - Nevada Prohibits Social Media Access_1306201

By Michael Klazema on 6/20/2013

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. provided a summary of Senate Bill 127 on June 4, 2013. You may access our summary on this topic here:

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:

Tag Cloud
Recent Posts

Latest News

  • March 22 Countrywide, states and local municipalities have committed to ban the box legislation, seeking to equalize opportunities in the job market for those with criminal histories.
  • March 22

    Thinking about becoming a firefighter? Here are some of the background check requirements you might face.

  • March 20

    Four Department of Commerce employees are out after their background checks resulted in security clearance denials. All four had worked high-ranking positions for months despite incomplete background checks.

  • March 15 As more states legalize the recreational use of cannabis, they contend with the emergence of new industries surrounding marijuana cultivation and production. 
  • March 14 In most cases, it is easy to determine where an issue might show up on a pre-employment background check. Citations for traffic violations or reckless driving charges will appear on a motor vehicle record check. Verdicts in a civil court case will show on a civil court background check. And criminal convictions—from petty theft to violent felonies—show up on criminal background checks.
  • March 13 How many years back do employment background checks go? This question can have multiple different answers depending on the situation.
  • March 13 A new bill in Florida would require landlords of apartment complexes to present tenants with verifications of employee background checks to give them peace of mind the people working in and around their homes are trustworthy.
  • March 08 Police officers working with the University of Texas at Arlington recently arrested a man who had avoided police capture on a warrant out of Oregon for nearly two decades. The man, whose real name is Daniel Charles Ray Hanson, spent those 17 years using a variety of fake names and identification documents to move around the country, often engaging with educational institutions under false pretenses. Police say Hanson regularly went by at least three different aliases. He sports a rap sheet that stretches back to an arson conviction in 1995. 
  • March 07

    The Future of EEOC Guidance in Texas Is Up in the Air

    The EEOC issued guidance in 2012 warning employers about the dangers of enforcing categorical policies to bar candidates with criminal histories. That guidance is not enforceable in Texas thanks to a recent court ruling.

  • March 05 Vermont is the latest state to restrict employers’ access to and use of social media accounts of employees and applicants.