Current through Register Vol. 63, No. 12, December 1, 2024
(1)
It is an unlawful employment practice for an employer to:
(a) Require or request an employee or an
applicant for employment to establish or maintain a personal social media
account, or to disclose or to provide access through the employee's or
applicant's user name and password, password or other means of authentication
that provides access to a personal social media account;
(b) Require an employee or an applicant for
employment to authorize the employer to advertise on the personal social media
account of the employee or applicant;
(c) Compel an employee or applicant for
employment to add the employer or an employment agency to the employee's or
applicant's list of contacts associated with a social media website;
(d) Except as provided in subsection (4)(b)
of this section, compel an employee or applicant for employment to access a
personal social media account in the presence of the employer and in a manner
that enables the employer to view the contents of the personal social media
account that are visible only when the personal social media account is
accessed by the account holder's user name and password, password or other
means of authentication;
(e) Take,
or threaten to take, any action to discharge, discipline or otherwise penalize
an employee for the employee's refusal to disclose, or to provide access
through, the employee's user name and password, password or other means of
authentication that is associated with a personal social media account, to add
the employer to the employee's list of contacts associated with a social media
website or to access a personal social media account as described in subsection
(7); or
(f) Fail or refuse to hire
an applicant for employment because the applicant refused to disclose, or to
provide access through, the applicant's user name and password, password or
other means of authentication that is associated with a personal social media
account, to add the employer to the applicant's list of contacts associated
with a social media website or to access a personal social media account as
described in subsection (7).
(2) An employer may require an employee to
disclose any username and password, password or other means for accessing an
account provided by, or on behalf of, the employer or to be used on behalf of
the employer.
(3) An employer may
not be held liable for the failure to request or require an employee or
applicant to disclose the information specified in subsection (1)(a) of this
section.
(4) Nothing in this
section prevents an employer from:
(a)
Conducting an investigation, without requiring an employee to provide a user
name and password, password or other means of authentication that provides
access to a personal social media account of the employee, for the purpose of
ensuring compliance with applicable laws, regulatory requirements or
prohibitions against work-related employee misconduct based on receipt by the
employer of specific information about activity of the employee on a personal
online account or service.
(b)
Conducting an investigation permitted under this subsection that requires an
employee, without providing a user name and password, password or other means
of authentication that provides access to a personal social media account of
the employee, to share content that has been reported to the employer that is
necessary for the employer to make a factual determination about the matter.
(c) Complying with state and
federal laws, rules and regulations and the rules of self-regulatory
organizations.
(5)
Nothing in this section prohibits an employer from accessing information
available to the public about the employee or applicant that is accessible
through an online account.
(6) If
an employer inadvertently receives the user name and password, password or
other means of authentication that provides access to a personal social media
account of an employee through the use of an electronic device or program that
monitors usage of the employer's network or employer-provided devices, the
employer is not liable for having the information but may not use the
information to access the personal social media account of the employee.
(7) As used in this section,
"social media" means an electronic medium that allows users to create, share
and view user-generated content, including, but not limited to, uploading or
downloading videos, still photographs, blogs, video blogs, podcasts, instant
messages, electronic mail or Internet website profiles or locations.
Stat. Auth.: ORS
659A.805
Stats. Implemented: ORS
659A.330
