Many states have enacted social media privacy laws (statutes) that prohibit an employer from requesting or requiring an employee or job applicant to disclose their username or password on any personal social media account—or requesting or requiring the employee access the social media account in the presence of the employer. These laws often also prohibit an employer from penalizing, disciplining, or terminating/discharging an employee for refusing to disclose such information.

Social media privacy laws vary from state to state and may not apply if the employer is investigating an allegation of employee misconduct (harassing another employee on social media) or a violation of laws and regulations (communications on social media about workplace safety violations). And an employer may require or request an employee disclose a username, password, or other means of accessing an electronic device (phone, computer, tablet) issued by the employer.

States with specific social media privacy laws for the workplace include:

• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Illinois
• Louisiana
• Maine
• Maryland
• Michigan
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• Oklahoma
• Oregon
• Rhode Island
• Tennessee
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin

In states without specific social media privacy laws for the workplace, other general privacy laws may apply.

In Connecticut, state law protects the social media privacy of employees and job applicants. Employers are prohibited from requesting or requiring access to an individual's personal social media accounts, which includes asking for usernames, passwords, or demanding that the individual access their social media in the employer's presence. Additionally, Connecticut law forbids employers from taking retaliatory actions such as penalizing, disciplining, or terminating an employee for refusing to provide such information. However, these protections may not apply if an employer is conducting an investigation into allegations of employee misconduct, such as harassment via social media, or potential violations of laws and regulations. It's also important to note that these privacy protections do not extend to electronic devices provided by the employer, such as phones, computers, or tablets, for which an employer may require access credentials.