As social media has become the focus of litigation and as employers have begun to ask potential applicants for their social media passwords, many states have moved to pass legislation outlawing such requests and access to employee and applicant social media. Michigan (my home state) has become the latest state to do so, joining California, Illinois and Maryland.
Michigan Governor Rick Snyder signed H.B. 5523 into law at the end of 2012, barring Michigan employers and colleges from asking current or prospective employees and students for passwords or other information in order to access private social media accounts. Employers and colleges are also prohibited from penalizing, firing or failing to hire or admit employees or students for refusing to grant access to social media accounts.