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 Illinois, the Right to Privacy in the Workplace Act prohibits employers from requesting or requiring an employee or job applicant to provide their username, password, or any other information that would allow access to the individual's personal online accounts, including social media. Employers are also barred from demanding that an employee or applicant access their social media in the employer's presence. Furthermore, Illinois law protects employees from being disciplined, penalized, or terminated for refusing to disclose such information. However, these protections do not apply if an employer is conducting an investigation into allegations of employee misconduct, such as harassment on social media, or if there are potential violations of laws and regulations. Additionally, employers are permitted to request login information for electronic devices provided by the employer, such as phones, computers, or tablets. This ensures a balance between employee privacy and the employer's right to protect its business interests and comply with legal obligations.