MIND YOUR OWN BUSINESS! New Employment Laws for Social Media

Nov 13, 2021


Welcome to Richardson Law Firm PC, your trusted legal partner in employment law. In this article, we will discuss the new employment laws related to social media in the state of Virginia. It is important for employers and employees alike to understand the legal implications of these laws in order to protect their rights and avoid potential legal issues.

Understanding the New Employment Laws

1. Social Media Privacy Protection

Virginia has recently enacted legislation to protect the privacy of employees and job applicants in the context of social media. Employers are prohibited from requiring employees or job applicants to disclose their social media account usernames or passwords. Employers are also restricted from taking retaliatory actions against individuals who refuse to disclose such information.

2. Social Media Use in Hiring Decisions

Employers must be cautious when considering social media as a factor in hiring decisions. While it is not illegal to review an applicant's publicly available social media profiles, employers should avoid making hiring decisions based on protected characteristics (such as race, religion, sex, or disability) that are revealed through the applicant's social media posts. Discriminating against applicants based on such protected characteristics is prohibited under federal and state laws.

3. Employee Social Media Activity

Employees have the right to express their opinions and engage in lawful activities on social media platforms during their non-working hours. However, it is crucial for employees to understand that their social media activities should not negatively impact their employer's reputation or disclose confidential information. Employers may take appropriate disciplinary action if an employee's social media activities violate company policies or legal obligations.

Implications for Employers

Employers must ensure that their social media policies and practices are in compliance with the new employment laws. Here are some important considerations:

1. Review and Revise Social Media Policies

Employers should review their existing social media policies and make necessary revisions to ensure compliance with the new laws. It is vital to clearly communicate the expectations and restrictions regarding employees' social media use, especially in relation to the company's confidential information and brand reputation.

2. Train Human Resources and Management

Human resources personnel and management should receive proper training on the new employment laws and their implications. This will help them effectively enforce policies and handle situations related to social media use within the organization.

3. Monitor and Address Potential Violations

Employers should establish procedures for monitoring employees' social media activities and addressing potential violations. This involves considering the appropriate balance between maintaining a respectful work environment and respecting employees' privacy rights.


Staying aware of the new employment laws related to social media is crucial for both employers and employees. Richardson Law Firm PC is here to assist you in navigating through these laws and providing expert legal advice tailored to your specific circumstances. Contact our experienced employment law attorneys today to ensure that your business is compliant with the latest legal requirements and safeguards your rights.