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.

In Tennessee, the state's social media privacy laws protect employees and job applicants from having to disclose their personal social media account credentials to their employers. Under Tennessee Code Annotated § 50-1-1004, employers are prohibited from requesting or requiring an employee or an applicant to disclose the username and password for their personal social media accounts. Additionally, employers cannot require employees or applicants to access their social media in the presence of the employer. The law also safeguards employees from being disciplined, penalized, or discharged for refusing to disclose such information. However, these protections may not apply if an employer is conducting an investigation into allegations of employee misconduct, such as harassment on social media, or if there are potential violations of laws and regulations being communicated over social media. Furthermore, the law does not prevent employers from requiring the disclosure of login information for electronic devices provided by the employer, such as phones, computers, or tablets.