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It is true that sometimes facially neutral policies (policies that are applied to all employees equally and are not expressly illegal) can sometimes violate the law.
For example, a policy may prohibit promotion when an employee takes off four or more consecutive weeks during the year.
Generally an employer provides its employees with a handbook or workplace policies to set forth expected behavior and procedures within the workplace.
Employer policies can impact your ability to bring a claim in court and in some cases can create contracts between the employer and employee.
Additionally handbooks can play an important role in wrongful termination or discrimination suits.
A policy like this would tend to discriminate against women who took time off due to pregnancy or employees who were sick or otherwise temporarily disabled.
Individuals negatively affected by a policy like this could potentially file a lawsuit against their employer.
For more information on these laws and how to respond to an employer who asks for you social media log-in information, see our Social Networking & Computer Privacy Page.
Employers generally can and do use information from accessible social media accounts to make employment decisions.
However, some union contracts or state laws (such as those in California), may limit an employer's ability to monitor your computer activity, so it is important to consult your contract and your state’s laws.