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Help Center - Employment Application/Social Security Numbers
Question:
Are you allowed to ask for the applicants social on an employment application?
Response:
While an employer is generally within its rights to request that EMPLOYEES provide their social security number to comply with various tax and benefits forms that must be completed after hire, we are not aware of any entitlement on the part of an employer to seek to obtain the SSN from a candidate or applicant prior to hire. You can, however, lawfully ask -- in yes/no format only -- if applicants are legally authorized to work in the US. This must be asked of all candidates and the employer cannot inquire further if the response is affirmative (if negative, the recruitment process must halt). We recommend that any question seeking a social security number be removed from the company's job or employment application. You may wish to have local counsel review the entire application to ensure compliance with applicable laws (within the format of the HELPLINE we are unable to conduct document review).
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