In response, Illinois has tried to pass legislation banning that activity. Democratic Rep. La Shawn Ford proposed a bill that would allow potential employees to file lawsuits if asked for access to sites like Facebook. Employers could still ask for usernames that would allow them to view public information on the sites. The bill is HB3782. However, the bill is on hold in the Illinois House. Ford says wants to protect employers as well as employees, and he will work on the language and bring the bill back for a House vote. Find the current status at: http://www.ilga.gov/
Likewise, some US Senators have said that employers who seek applicants’ passwords could be violating the law. Two U.S. senators are asking the EEOC and Department of Justice to determine whether employers who act in this manner are violating statutes concerning computer use, such as the Computer Fraud and Abuse Act and the Stored Communications Act.
Not surprisingly, Facebook has opposed the practice by employers. Facebook's chief privacy officer, Erin Egan, urged users not to share their passwords. Egan further warned HR departments that asking for the passwords could open companies up to unanticipated legal liability.