ITRC = Identity Theft Resource Center
Q: Can a company require that I give them information in exchange for services?
A: Yes and no. That is called coercion. There are bills pending that would include anti-coercion language but as of Aug. 2002 we are not aware of any that have become law. You always have the option to refuse to give information. The company, on the other hand, can also refuse to provide services. If you don’t agree, vote with your feet and take your business elsewhere.
Q: I am applying for a new job. The application requests my driver’s license and Social Security numbers. Due to the increasing amount of identity theft, I would rather not disclose that information until I am offered the job. Do you have a recommendation on how to handle this situation?
A: We asked several HR people for their answers:
-
If a job applicant did not want to share their SSN# at the time of the interview, I would certainly understand, especially if they shared with me the reason why. If someone told me they had been a victim of identity theft, I would not press the issue nor would I reject their chance to be interviewed.
I can't imagine any employer refusing an interview on that basis. If they do, then it may be a violation of "equal opportunity for employment" law. Due to tax laws, once chosen, the candidate would then have to submit his or her SSN.
Where it says SSN, place "Available upon request" or "See below" and explain your reason at the bottom of the form. You may say that due to high incidence of identity theft crime, you prefer to provide it directly to the interviewer.
ITRC would like to believe that all employers are as forward thinking as the ones that responded. That is not true and this is a situation where consumers need to make a hard decision. The reality is, fair or not, your desire to protect your information could cost you employment.
A: If the company has shown some interest in hiring you (they don’t do background searches until then) then share that you are a victim of identity theft and that a background search may not be completely accurate. Explain that you are still working "on your own time" to remove his actions from your reports.
Any police reports or official documents (statements from credit issuers) you have will help the interviewer understand the problem. Request that you have a chance to go over the results of the search to make sure it is accurate and reflects your true information. States are starting to pass laws that would require employers to share this information with you.
