Is Asking for a Social Secutiry Number Even Legal?

Seeing a Social Security number field on a job application makes you feel uneasy in an instant, and you are not alone. Government agencies continually urge you to protect confidential information, but you may not want to appear combative early in the hiring process when this intrusive practice is the norm. Potential employers are legally authorized to request your SSN, so it’s up to you to regulate how they use your confidential information.

What Happened to Privacy?

Recruiters and interviewers are prohibited from requesting information that fosters discrimination against protected groups, including questions about marital status, ethnicity and mental disability. Unfortunately, your SSN is fair game, and many employers require you to provide this confidential information upfront, whether or not they ever intend to interview you. The downside is that a job application often asks for your name, birthdate, address and SSN, the only verifiable information identity thieves need to apply for fraudulent bank accounts.

Realistically, an employer can and should ask for your SSN to perform a background check after you are hired. Companies need a reliable method to confirm that there are no criminal or financial issues that conflict with your professional role. They also need your SSN for tax withholding and Social Security contributions. Yet, companies do not need SSNs before making a hire, says Nick Corcodilos, author and host of "Ask the Headhunter." They continue using this method of applicant tracking for convenience despite the overwhelming risks.
Consider what happens to your application after you submit it. An old-school paper form passes through the hands of multiple strangers in HR departments. Digital application systems are vulnerable to Internet threats, and the company may import data to local computers or databases that do not have adequate encryption. Ultimately, you have no control over who sees your SSN or how companies use your confidential information.

Protect Yourself from Fraud

You always have the right to decline an SSN request, but be prepared to forfeit the job if employers do not agree with your stance. A better option is to withhold your SSN from the application and contact the company's HR department to explain your concerns. Ask how the company uses your confidential information and what security measures are in place to prevent data breaches. When applying online, stay alert to signs of scam companies, such as requests for financial account numbers. If the company plans to run a background check as a prescreening method, ask for a copy of the information, and make sure the business does not share applicant data with third parties.

Legitimate companies should be willing to compromise, so avoid immediately giving up on a job you really want. If you encounter resistance, consider asking outright whether choosing not to provide an SSN disqualifies you from applying. Employers want to attract the most qualified candidates and may accept alternate forms of identification. Never surrender confidential information out of fear, as companies that use scare tactics are not likely to provide a supportive work environment.

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