Many states have enacted social media privacy laws (statutes) that prohibit an employer from requesting or requiring an employee or job applicant to disclose their username or password on any personal social media account—or requesting or requiring the employee access the social media account in the presence of the employer. These laws often also prohibit an employer from penalizing, disciplining, or terminating/discharging an employee for refusing to disclose such information.

Social media privacy laws vary from state to state and may not apply if the employer is investigating an allegation of employee misconduct (harassing another employee on social media) or a violation of laws and regulations (communications on social media about workplace safety violations). And an employer may require or request an employee disclose a username, password, or other means of accessing an electronic device (phone, computer, tablet) issued by the employer.

States with specific social media privacy laws for the workplace include:

• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Illinois
• Louisiana
• Maine
• Maryland
• Michigan
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• Oklahoma
• Oregon
• Rhode Island
• Tennessee
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin

In states without specific social media privacy laws for the workplace, other general privacy laws may apply.

As of the knowledge cutoff date in 2023, Kansas does not have a specific social media privacy law that addresses the issue of employers requesting or requiring access to employees' or job applicants' personal social media accounts. Unlike the states listed, which have enacted statutes to protect the privacy of personal social media accounts in the employment context, Kansas employees and job applicants do not have these specific protections under state law. However, general privacy laws and federal laws, such as the Stored Communications Act or the National Labor Relations Act, may still provide some level of protection against employer intrusions into personal social media accounts. Employers in Kansas should still be cautious, as overreaching actions could potentially lead to legal challenges based on privacy rights or other related concerns.