Does Employment Screening Infringe Upon The Applicants Right To Privacy?
Where the applicant has fully and knowingly consented to the review of identified public record information as a condition of employment, the constitutional right to privacy has been waived. The primary consideration is whether the applicant has fully and knowingly consented to the search process. PROTEC Systems provides a detailed waiver of the privacy claim within our “Release/Authorization” form. Employers can defend this requirement as a balance between the applicant’s right to privacy and the employers duty to maintain a safe workplace. Back to the top 6. May Employers Require An Applicants DOB & SSN Information? Employers have a lawful right to require the applicant to provide specific identifier information, provided the employer can demonstrate a “legitimate business purpose”. Social Security Numbers are required by both federal & state agencies and thereby meet the “legitimate business purpose” criteria. Date of birth information has largely been excluded from employment appli
