Are employers allowed to view an employee’s social media accounts?

In Texas, employers are allowed to view an employee’s social media accounts, as long as they do not violate any state or federal employment discrimination laws. Texas employers are allowed to view an employee’s publicly available social media accounts and postings, as long as they are not used to make any employment decisions based on protected characteristics. However, if employers do decide to access an employee’s social media accounts, they cannot ask for passwords or other private information that could be used to access the employee’s private accounts. The Texas Workforce Commission is the governing body for employment discrimination in the state of Texas. It considers it unlawful for employers to make decisions that discriminate based on race, color, religion, sex, national origin, age, genetic information, or disability. This includes any decisions involving social media use. In addition, employers must ensure that the information they collect from an employee’s public social media accounts is accurate and used for legitimate business purposes. Employers may also be liable for any discriminatory or harassing posts made by their employees on social media. This includes harassment based on a protected characteristic or any other behavior that could be considered an illegal activity. Employers must take steps to address any such posts that are brought to their attention and make sure they are handled appropriately. Overall, Texas employers are allowed to view an employee’s social media accounts while ensuring they are adhering to all state and federal employment discrimination laws. It is important for employers to exercise caution and remain aware of the potential risks and liabilities associated with accessing an employee’s social media accounts.

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