2 ms·
> Its as simple as "There are certain questions you can't ask during job interviews". Its been illegal to ask these questions for 20 years, and nearly no one di
by reductionist 15y ago
> Its as simple as "There are certain questions you can't ask during job interviews". Its been illegal to ask these questions for 20 years, and nearly no one disputes this.
It's not that simple. Facebook is not the only way a prospective employer could find out those details. For example, some jobs do thorough background checks (imagine, for a security position) that no one doubts the legality of, and you could answer many of those same questions that way too. If the prospective employer learns that info, they're simply expected to disregard it while making their hiring decision, the same as they'd be expected to if they learned that info from your PUBLIC facebook page (which again no one can doubt is legal to check).
Stealing facebook login details does expose the company to greater liability claims in this regard, but merely uncovering those protected questions is not illegal.
Instead I suggest approaching Facebook login theft as a case of tortious interference, and an invasion of privacy both for the stolen account owner and anyone on their friends list. Employment discrimination will both be hard to prove, and should be settled on a case by case basis rather than legislated out of existence.