IANAL, but I don't think it's illegal per say. It's just illegal for the company to consider protected things (http://en.wikipedia.org/wiki/Employment_discrimin

IANAL, but I don't think it's illegal per say. It's just illegal for the company to consider protected things (http://en.wikipedia.org/wiki/Employment_discrimination_law_in_the_United_States http://en.wikipedia.org/wiki/Employment_discrimination_law_i...). However, if it's a civil matter (i.e. you sue), then you just need "balance of evidence", not "proof beyond reasonable doubt". You'll try to prove that it was a factor, and they'll try to prove that it wasn't. You might argue that at this stage you're be neck and neck with the other candidates (having passed the previous filters), and it's just going to come down to a "gut feeling" from the hiring manager - so they will almost certainly be swayed by anything which they might dislike on your Facebook page. I've a feeling it would be a horrible case to try to defend against. There's valid reasons for demanding Facebook login details, but if I were an employer I'd use a trusted third party to look for me, and only report things which have been cleared by a legal team. When the Australian government does security vetting, this is how it works - security personal do all the vetting, keep everything private except the "security clearance passed / failed", and can get thrown in prison if they let the wrong information out.