Social Media and Job Security in NYC: What Employers Can and Can’t Do

Your social media activity can affect your job prospects in New York City, but employers must follow strict rules when reviewing or acting on online content. Many companies now screen applicants’ public profiles before making hiring decisions. Employees also risk discipline if their online posts violate workplace policies. However, state and city laws place limits on what employers can access, how they may use that information, and the circumstances under which they can take adverse action. This blog explains what workers need to know about social media and job security in NYC.

How Employers Use Social Media in Hiring

Employers frequently check social media to evaluate professionalism, communication style, or cultural fit. While reviewing publicly available content is legal, certain practices cross the line and create legal risk.

Pre-Screening Rules to Know

1. Employers cannot request private login information.

New York law (N.Y. Lab. Law § 201-i) prohibits employers from asking for your passwords, requiring you to log into social media during an interview, or accessing content behind privacy settings.

2. Employers cannot demand that applicants open their profiles on the spot.

A hiring manager cannot require you to scroll through your account in front of them or show direct messages.

3. Employers must avoid discriminatory decisions.

If an employer rejects a candidate after seeing protected characteristics on their profile, such as race, age, religion, national origin, disability, or pregnancy, that decision may violate federal, state, or city law.

4. Employers must be consistent.

Selective screening of only certain applicants can signal discrimination. For example, screening applicants with foreign names while ignoring others may support a discrimination claim.

What Employers Can Review

• Public posts, comments, and photos
• Content visible without login credentials
• Public professional profiles such as LinkedIn
• Public statements relating to work history or qualifications

If it is publicly accessible, employers can typically view it. Issues arise when they request or demand access to nonpublic information.

How Employee Posts Can Affect Job Security

Once you are employed, your online behavior can still impact your job. While workers in NYC have significant protections, employers can take action in some circumstances.

When Employers May Discipline Employees for Online Conduct

1. Violations of company policies

Posts that include harassment, threats, confidential company information, or discriminatory remarks may result in disciplinary action or termination. Most employers have social media or conduct policies that apply both inside and outside the workplace.

2. Conduct that harms the employer’s business interests

If an employee’s public posts materially damage the company’s reputation or relationships, the employer may take action, especially in client-facing roles.

3. Disclosure of proprietary information

Sharing internal documents, financial details, customer lists, or trade secrets can result in immediate consequences.

When Employers Cannot Take Action

1. Protected concerted activity

Under federal labor law, workers have the right to discuss wages, working conditions, or treatment by management. Posts related to workplace concerns may be protected even if the employer dislikes them.

2. Discriminatory enforcement

Employers cannot discipline employees for online content based on protected characteristics. For instance, punishing an employee for expressing cultural or religious identity may violate the NYCHRL.

3. Retaliation for legally protected activity

If an employee posts about discrimination, harassment, or workplace safety issues, employers cannot respond with punishment. Retaliation is illegal even if the post is critical of the company.

Gray Areas: What Workers Should Consider Before Posting

Social media blurs the line between personal and professional life. Employees should be especially careful about posts involving:

• Clients, customers, or coworkers
• Sensitive or confidential information
• Topics that could be misinterpreted out of context
• Images taken at the workplace
• Complaints or frustrations that reveal internal issues

Although you may have the right to express yourself, the manner, tone, and context of a post can influence how an employer responds.

If Your Social Media Activity Affects Your Employment

If you were disciplined, denied a job, or terminated because of social media content, these steps can help protect your rights:

1. Save a copy of the post or content involved. Screenshots preserve evidence.
2. Request a written explanation of the reason for the adverse action.
3. Review your employer’s policies. Look for inconsistencies in how the rules were applied.
4. Document any discriminatory comments or patterns related to national origin, race, gender, age, or other protected traits.
5. Speak with an employment attorney to determine whether your rights were violated.

At Lipsky Lowe, we regularly counsel employees facing hiring issues or adverse actions related to social media use. Our attorneys can evaluate whether a company acted legally and what options may be available. Contact us today for a confidential consultation.