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 M¢25  Funded By Mahalo ? |  May 19, 2009 11:17 PM

Is it legal for employers to ask for date of birth and Social Security number? I thought they couldn't.

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May 20, 2009 05:11 AM | view on twitter
Employers need that information to properly pay your taxes (if you use a 1099 tax form) as well as show the government that they are not employing an illegal alien.

Permanent residents and aliens who have a right to work in this country are also issued their own version of a social security number for exactly the same reason: taxes. As the previous respondent stated, the social security number is needed for payroll, and unless you are expecting to work under the table, which is technically illegal, you must provide it.

Birthdates are a bit different. Employers are not allowed to ask your DOB during an interview. There is even a federal statute that provides certain protections for people who may have been discriminated against due to their age. One caveat, however--federally, age discrimination happens only for people who are 40 or older--so if you were discriminated against because you were too young, you don't have similar protections.

Once hired, however, your DOB is also needed for payroll. Generally only human resources and the payroll department know that information, and do not disclose it to your boss. Hope that helps.


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May 19, 2009 11:21 PM | view on twitter
Employers cannot ask for that in an interview, but they need that for payroll. Employers need this information if you work there, but can only ask if your a legal employee.

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Voted as best: philipy
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