Facebook should get a pass for the same reason that "are you homosexual or heterosexual", "what church do you attend" and "how often do you masturbate" get a pass.

A while back, I created an account on ESPN and used "Miguel" instead of my real name - leading to ads in Spanish.

In this case, the employer's policy is to also obtain the FB password to re-certify existing employees. So, those employees should lose their jobs unless they give up their FB password?

Also, viewing the FB account of a job seeker very likely gives the employer access to information that cannot be legally asked in an interview.