City of Modesto Knowingly Violates State Labor Code
On September 23, 2014 a citizen of Modesto stood up during the public comment period of the Modesto City Council and asked if applicants for jobs with the city were going to be required to provide passwords or sign-on to their social media accounts. The concern is that there are questions prospective employers are not allowed to ask applicants such as their religion, ethnicity, sexual orientation, age, race, sex, and disability status. Some of this protected information is easily obtained when looking at someone’s social media accounts.
Modesto Police Chief Galen Carrol was asked to respond. He replied that it was important to see what an applicant is posting and gave as examples, excessive drinking, nude photos of themselves and others, illegal drug use among others. While we shared some of the Chief’s concerns, it is illegal to ask an applicant to sign into their social media accounts in the presence of a background investigator or hiring supervisor.
California Labor Code 980 section 3-a & b Passed 9-27-12 effective 1-1-13
980. (a) As used in this chapter, “social media” means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet web site profiles or locations.
(b) An employer shall not require or request an employee or applicant for employment to do any of the following:
(1) Disclose a username or password for the purpose of accessing personal social media.
(2) Access personal social media in the presence of the employer.
Oops….so the Chief is blatantly violating state labor code and he dmitted, no flaunted it, in front of his boss, Interim City Manager Jim Holgersson, and the City Attorney Adam Lindgren. The City Attorney has been found wanting in several decisions he has made and actions he failed to stop….from violation of free speech rights (signs in the council chamber ato not allowing a second public comment after a proposal has been changed), and now he’s either clueless or complacent…we’ll let the reader decide.
On Monday the Council will interview Jim Holgersson for the permanent job of City Manager. It’s our point of view that he isn’t up to the task due to failing to protect the rights of Modesto’s citizens from intrusive and illegal questioning by the city staff he currently oversees and the companies he’s outsourced the background checks to.
On April 16, 2013, a legislative review committee considered the potential need for a law enforcement exemption to Labor Code 980, but decided it would probably be unconstitutional and chose not to make such an exception.