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 Oregon, state law protects the social media privacy of employees and job applicants. Under Oregon Revised Statutes Section 659A.330, employers are prohibited from requiring or requesting an employee or applicant to disclose login credentials for personal social media accounts. Employers are also not allowed to demand that employees or applicants access their social media in the presence of the employer. Furthermore, the law forbids employers from taking or threatening to take adverse action against an individual for refusing to disclose such information. However, these protections do not apply if the employer is conducting an investigation into allegations of employee misconduct or compliance with laws and regulations, which may include harassment or workplace safety violations. Additionally, employers may require the disclosure of information to access employer-issued electronic devices. Oregon's stance on social media privacy reflects a growing trend among states to safeguard personal online spaces from employer scrutiny while balancing the need for workplace integrity and compliance with legal obligations.