Wisconsin limits employers from assessing applicants’ and employees’ social media

Wisconsin law limits an employer’s ability to access employees’ personal information and outlines specific restrictions and exceptions, which are also detailed in the Wisconsin Social Media Protection Act. This article discusses that Act.

What restrictions do employers face under the Act?

Under the Wisconsin Social Media Protection Act, employers may not request or require employees to provide:

• Personal account login information;
• Access to private personal accounts;
• Social media connections (e.g., adding an employer as a friend or follower);
• Access to private online content; and
• Private emails, direct messages, or other personal communications.

       Additionally, employers may not refuse to hire, terminate, or discriminate against employees for refusing to provide the above information.

Are there any exceptions?

Employee protections under the Act are subject to the following seven exceptions: