Bill Text: NJ S1898 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits requirement to provide information for access to account on social networking website by employer.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-09-20 - Combined with S1915 (SCS) [S1898 Detail]
Download: New_Jersey-2012-S1898-Introduced.html
Sponsored by:
Senator KEVIN J. O'TOOLE
District 40 (Bergen, Essex, Morris and Passaic)
Senator DIANE B. ALLEN
District 7 (Burlington)
SYNOPSIS
Prohibits requirement to provide information for access to account on social networking website by employer.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting a requirement to provide information to access an account on a social networking website by an employer.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. For purposes of this act:
"Employer" means an employer or employer's agent, representative, or designee. The term "employer" does not include any State or local law enforcement agency.
"Social networking website" means an Internet-based service that allows individuals to construct a public or semi-public profile within a bounded system created by the service, create a list of other users with whom they share a connection within the system, and view and navigate their list of connections and those made by others within the system.
2. No employer shall require a current or prospective employee to:
a. Provide a password or any other related account information in order to gain access to the current or prospective employee's account or profile on a social networking website; or
b. In any other way provide access to an account or profile on a social networking website.
3. No employer shall require an individual to waive or limit any protection granted under this act as a condition of applying for or receiving an offer of employment. An agreement to waive any right or protection under this act is against the public policy of this State and is void and unenforceable.
4. No employer shall retaliate or discriminate against an individual because the individual has done or was about to do any of the following:
a. Refuse to provide a password or any other related account information, or in any other way refuse to provide access to an account or profile on a social networking website;
b. File a complaint under this act;
c. Testify, assist, or participate in an investigation, proceeding, or action concerning a violation of this act; or
d. Otherwise oppose a violation of this act.
5. Upon violation of any provision of this act, an aggrieved person may, in addition to any other available remedy, institute a civil action in a court of competent jurisdiction, within one year from the date of the alleged violation. In response to the action, the court may, as it deems appropriate, order or award any one or more of the following:
a. With respect to a prospective employee:
(1) injunctive relief;
(2) compensatory and consequential damages incurred by the prospective employee as a result of the violation, taking into consideration any failure to hire in connection with the violation; and
(3) reasonable attorneys' fees and court costs.
b. With respect to a current or former employee:
(1) injunctive relief as it deems appropriate, including reinstatement of the employee to the same position held before the violation or the position the employee would have held but for the violation, as well as the reinstatement of full fringe benefits and seniority rights;
(2) compensatory and consequential damages incurred by the employee or former employee as a result of the violation, including compensation for lost wages, benefits and other remuneration; and
(3) reasonable attorneys' fees and court costs.
6. This act shall take effect immediately.
STATEMENT
This bill prohibits an employer from requiring a current or prospective employee to provide a password or other related account information, or in any other way provide access to the current or prospective employee's account or profile on a social networking website.
The bill prohibits an employer from requiring an individual to waive or limit any protection granted under the bill as a condition of applying for or receiving an offer of employment. The bill also prohibits retaliation or discrimination against an individual because the individual has done or was about to do any of the following:
1. refuse to provide a password or any other related account information, or in any other way refuse to provide access to an account or profile on a social networking website;
2. file a complaint pursuant to provisions of the bill;
3. testify, assist, or participate in an investigation, proceeding, or action concerning a violation of the bill; or
4. otherwise oppose a violation of the bill.
Any current, prospective, or former employee aggrieved under the provisions of the bill may bring action in a court of competent jurisdiction for appropriate injunctive relief and damages, including reasonable attorneys' fees and court costs.
For purposes of the bill: "employer" means any employer or employer's agent, representative, or designee, but does not include any State or local law enforcement agency; and "social networking website" means an Internet-based service that allows individuals to construct a public or semi-public profile within a bounded system created by the service, create a list of other users with whom they share a connection within the system, and view and navigate their list of connections and those made by others within the system.
