Template Letter H.B. 308
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Molly DiBiancaTemplate Letter H.B. 308
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Molly DiBiancaI am writing today regarding pending Delaware House Bill (HB 308) which would severely restrict an employers ability
to investigate allegations of employee misconduct, harassment, or violence (or the threat thereof) by limiting employer access to their social media pages. While well-intended, this restriction could actually cause more harm than good in workplaces throughout the state and I am OPPOSED to this bill for that fact. Earlier this year, various media reports noted that selected employers had requested the passwords of certain job applicants social media websites as a condition for possible employment. In response, both federal and state legislators have introduced legislation restricting an employers ability to request such passwords from applicants and employees, to compel applicants and employees to access their sites while the employer is monitoring them, or from gaining access to such personal sites via another co-worker or individual who has friended the applicant or employee. HB 308 contains such restrictions, but also includes other provisions that reiterates an employers right to limit employee access to social media during work hours, to monitor electronic communication devices which are the property of the employer, as well as access an applicants or employees non-password protected social media site. As a Delaware HR professional, I urge you to oppose HB 308 as currently drafted. The restrictions contained in this bill would severely hinder an employers (or their agents) ability to investigate allegations of employee misconduct, harassment, or threats of workplace violence placing the employee population at risk- particularly if such information is contained on the employees private social media site. While the legislation does contain exemptions from these restrictions for employers in the financial services industry who are subject to various federal and state law, as well as the Department of Corrections and any person of any state, local or municipal law enforcement agency or organization as listed in 9200(b), Title II of the Delaware Code it leaves most Delaware employers helpless in their ability to investigate credible allegations that an employee has (or has threatened to) defraud his/her employer or potentially harm a coworker. I hope you will consider the Human Resources risk and ramifications that will result in Delaware workplaces if this bill becomes law. Thank you for your support by opposing HB 308.
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