Sec. 2. Employer Access to Personal Accounts on Social Networking Websites
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It shall be unlawful for any employer— to require or request that an employee or applicant for employment provide the employer with a user name, password, or any other means for accessing a private email account of the employee or applicant or the personal account of the employee or applicant on any social networking website; or to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or applicant for employment because— the employee or applicant for employment refuses or declines to provide a user name, password, or other means for accessing a private email account of the employee or applicant or the personal account of the employee or applicant on any social networking website; or such employee or applicant for employment has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding.
Subject to paragraph (2), any employer who violates any provision of this Act may be assessed a civil penalty of not more than $10,000. In determining the amount of any penalty under paragraph (1), the Secretary of Labor shall take into account the previous record of the person in terms of compliance with this Act and the gravity of the violation. Any civil penalty assessed under this subsection shall be collected in the same manner as is required by subsections
(b)through
(e)of section 503 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1853 ) with respect to civil penalties assessed under subsection
(a)of such section. The Secretary of Labor may bring an action under this section to restrain violations of this Act. In any action brought under this section, the district courts of the United States shall have jurisdiction, for cause shown, to issue temporary or permanent restraining orders and injunctions to require compliance with this Act, including such legal or equitable relief incident thereto as may be appropriate, including, employment, reinstatement, promotion, and the payment of lost wages and benefits.
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Sec. 2
Employer Access to Personal Accounts on Social Networking Websites
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