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Social Security Card Required? Texas, Louisiana, New Mexico, Mississippi

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Can employers in Texas, Louisiana, New Mexico and Mississippi ask to see an original social security card in order to start a background check for an applicant who has been offered a job but hasn’t started working yet?

Under federal regulations, the employer can ask for the social security number, but must be willing to accept a passport, alien registration card or other document that establishes the worker’s identity instead of a social security card.

This is a tricky issue for any employer in today’s workplace. Obviously, the responsible employer wants to do background checks on job candidates. And, many positions of responsibility will warrant credit checks. But, both the government and job candidates are worried about identity theft.

It’s always wise to wait until an offer of employment has been made before gathering personal information like social security number and date of birth. The offer can be conditional, so that the employee realizes that if his or her background check is not clear, the employee will be terminated.

Waiting until after an offer has been made and accepted to gather sensitive information is an affirmative defense against discrimination based on that information.

According to an attorney at the Texas Workforce Commission, that state’s privacy laws specifically prohibit an employer from sharing the employee’s social security number with anyone outside the company, ever. Presumably that would include sharing this information with a service that performs background checks (although it’s not clear if that aspect has been tried in court.)

In general, an employer can request identifying information such as full name, address and social security number from the new employee. This information should be collected only from those who have accepted the initial offer of employment. The new employee should also sign a release, indicating that they agree to a background check and/or credit check.

Requesting a copy of the social security card is more problematic. Legally, supplying a copy of the social security card is optional, even after an employee is hired. Employees may choose to supply an alternate document that proves eligibility to work, such as an alien registration card or a US passport.

Many jobs that involved significant fiscal responsibility or financial duties warrant hiring someone with good credit history. Checking credit history is the most common reason that employers request a social security number from applicants. Employees must specifically sign a release that authorizes the employer to check their credit history. Usually, this involves the employee giving his or her social security number, although not necessarily showing the card or having it copied.

It is convenient for employers to have the social security number for criminal background checks and job references, but not absolutely necessary. A variety of sources can check the applicant’s background with the full name and address.

Many employers ask for the personal information to complete a background check, but hold off on making copies of the driver’s license and social security card until after the employee has started work. This is because both the driver’s license and social security card contain information that should not be a factor in employment decisions. The driver’s license photo will show the employee’s race, color and sex. The license may show the date of birth, which could spark age discrimination. The social security card – or lack thereof – may be used to illegally discriminate against individuals who can legally work in the

US, but are not citizens.

For this reason, most employers will complete the background checks, but wait to verify the individual’s identity until the first day of employment, when the worker fills out the I-9 form.