Maine Revised Statutes Title 26 Sec. 616 – Prohibitions
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An employer may not: [PL 2015, c. 343, Pt. B, §1 (NEW).]
1. Passwords. Require or coerce an employee or applicant to disclose, or request that an employee or applicant disclose, the password or any other means for accessing a personal social media account;
[PL 2015, c. 343, Pt. B, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 26 Sec. 616
- Applicant: means an applicant for employment. See Maine Revised Statutes Title 26 Sec. 615
- Employee: means an individual who provides services or labor for an employer for wages or other remuneration. See Maine Revised Statutes Title 26 Sec. 615
- Employer: includes a person acting in the interest of an employer directly or indirectly. See Maine Revised Statutes Title 26 Sec. 615
- Social media account: means an account with an electronic medium or service through which users create, share and view user-generated content including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant and text messages, e-mail, online service accounts and Internet website profiles and locations. See Maine Revised Statutes Title 26 Sec. 615
2. Access in presence. Require or coerce an employee or applicant to access, or request that an employee or applicant access, a personal social media account in the presence of the employer or an agent of the employer;
[PL 2015, c. 343, Pt. B, §1 (NEW).]
3. Information. Require or coerce an employee or applicant to disclose any personal social media account information;
[PL 2015, c. 343, Pt. B, §1 (NEW).]
4. Contacts. Require or cause an employee or applicant to add anyone, including the employer or an agent of the employer, to the employee’s or applicant’s list of contacts associated with a personal social media account;
[PL 2015, c. 343, Pt. B, §1 (NEW).]
5. Settings. Require or cause an employee or applicant to alter, or request that an employee or applicant alter, settings that affect a 3rd party’s ability to view the contents of a personal social media account;
[PL 2015, c. 343, Pt. B, §1 (NEW).]
6. Employees. Discharge, discipline or otherwise penalize or threaten to discharge, discipline or otherwise penalize an employee for the employee’s refusal to disclose or provide access to information as specified in subsection 1, 2 or 3 or for refusal to add anyone to the employee’s list of contacts associated with a personal social media account as specified in subsection 4 or to alter the settings associated with a personal social media account as specified in subsection 5; or
[PL 2015, c. 343, Pt. B, §1 (NEW).]
7. Applicants. Fail or refuse to hire an applicant as a result of the applicant’s refusal to disclose or provide access to information specified in subsection 1, 2 or 3 or refusal to add anyone to the applicant’s list of contacts associated with a personal social media account as specified in subsection 4 or to alter the settings associated with a personal social media account as specified in subsection 5.
[PL 2015, c. 343, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 343, Pt. B, §1 (NEW).