Can Your Employer Require You to Provide Your Social Security Number to a Third Party

My question involves labor and employment law for the state of:

I recently got an e-mail from the HR manager at my company concerning the WOTC: explaining what it is, and how it can benefit the company. They want some information from me in order to help get the tax credit. For this purpose, the company is requiring me to call a private IT staffing, consulting, and talent management firm, to answer yes or no questions with a live operator about if I receive gov. Benefits. The instructions say I must call and provide my employer #, and my social security number to “correctly match you with the company you are calling from”.

This is not a request from the HR manager. I am very uncomfortable giving my SSN to a private company, when I do not have a direct relationship with them (like I do with my bank) with AND I am being told I have to do it. And from the way they phrased, it sounds like my company may have already given it to them (given that they say providing your SSN is for the purpose of "matching you").

I want to ask:
1. Legally, can my employer require me to provide my SSN number to this company (as part of the survey), by stating it’s required of my job?
2. Can they require me to provide info about if I receive government benefits?
3. If my employer already gave out my SSN to this company, are they legally allowed to do so without my explicit permission?

I suspect there are already many third party benefits companies that already have your SSN.

(1) Yes they can require you to do the survey and require you to give them your SSN to do so. If for nothing else, they will need it for audit purposes to make sure you and your employers information is correct. There
(2) Yes, you didn't put the State, but 49 states are "at will" and if you refuse to cooperate in something that helps your employer, they can terminate your employment
(3) Yes. There are no laws requiring an employer keep your SSN confidential, but it is best business practice to only use it for business and employment-related purposes that this is.

Since it is related to tax benefits and IRS forms, they will need your SSN to complete those forms also. Your employer has just decided to outsource the process. Again this is very very common. If you have an outsourced payroll (semi-common depending on size), that company has your SSN. If they have an outsourced 401k (very common), that company has your SSN. Your health insurance carrier has your SSN, even if they have a different member subscriber on the actual card. Employee benefits and taxes run off of your SSN. That's just how it works!

Thank you for providing such a detailed answer. Your response gave me a lot of insight into this matter. However I do have a concern relating to my second question. I used to receive Social Security disability benefits for a medical condition. But I do not receive them now and have not received them for a couple years. If this company asked me about specific type of benefits and I told them I used to receive Social Security disability they can pretty much infer for that I have a medical disability. And if they can share that information with my employer I am concerned that it may change their perspective of me. Unlike a lot of employers , My company did not ask me if I had a disability during the application process. Asking about disability benefits seems like an indirect way of finding that out.

I know now I need to take the survey but but could they find out if I am not honest with them?

They're not asking you about receiving disability benefits so that they can tell your employer you have a disability. They're asking you about it because WOTC requires this information.

If you lie, you will be found out. (Maybe not right away, but someday, probably within a year.) And this would be a fireable offense.

https://www.doleta.gov/business/ince...fm#HowDoIApply

https://www.doleta.gov/business/ince...x/eligible.cfm

Why don't you read about the highlights of the program. On the surface, they shouldn't be asking you about SSDI because that's not one of the targeted groups.

The employer is not going to receive information back about individual employees. Any information the consulting firm gives back to the employer will be in aggregate. In other words, they will not be told, "Jane Smith had a medical disability" - at best they will be told, "20% of employees had medical disabilities". You may rest assured that they will be given NO information as to what the medical disabilities were, let alone who had what.

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Quoting cbg

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The employer is not going to receive information back about individual employees. Any information the consulting firm gives back to the employer will be in aggregate. In other words, they will not be told, "Jane Smith had a medical disability" - at best they will be told, "20% of employees had medical disabilities". You may rest assured that they will be given NO information as to what the medical disabilities were, let alone who had what.

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That may be true for the purpose of the survey, but for the employer to actually receive the Work Opportunity Tax Credit the employer has to identify the new hires that fit the target categories. Please see the attached:

https://www.irs.gov/pub/irs-pdf/i8850.pdf

However, I do not understand why the employer is doing this survey of existing employees at all, because the credit only applies to new hires.

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Quoting llworking

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the credit only applies to new hires.

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There's nothing in his post to suggest that he didn't just get the job. Therefore, I did assume he just started.

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Quoting chyvan

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There's nothing in his post to suggest that he didn't just get the job. Therefore, I did assume he just started.

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But the screening required to qualify for the credit must occur before the employee is hired, not after the employee starts work.

I started a little over 5 months ago. Sorry I didn't mention. Does that have any impact? Also, the HR manager said that the "government agency" approved them to be credited for all eligible employees hired after January 1st 2015.

I looked at the categories from the links above and I do not fit into any of the categories. So as long as they stick to those I will feel fine.

But please understand that my disability is highly stigmatized in the US and is commonly used as a socially acceptable insult. So I really do have reservations if they ask me questions about it (when it's not relevant).

I really appreciate all of your input. This site has been a great help to me on a couple important issues, where I would have made mistakes without the advice.