Verifying Social Security Numbers

The Social Security Administration (SSA) offers two methods to verify employees’ social security numbers (SSNs). The Telephone Number Employer Verification (TNEV) is an automated telephone service you can use only for wage reporting purposes, and you can verify up to 10 employee names and SSNs at one time, without speaking to an agent.

The Social Security Number Verification Service (SSNVS) allows registered users, including employers and certain third-party submitters, to verify the names and SSNs of employees against SSA records.

With SSNVS, you can:

• Verify up to 10 names and SSNs online and receive immediate results. There’s no limit to the number of times you can use the SSN Verification Web page within a session.
• Upload electronic files of up to 250,000 names and SSNs and usually receive results the next government business day.

Registration and use of the TNEV and SSNVS are free. You can register through the SSA’s Business Services Online.

Implement and use TNEV and SSNVS in a nondiscriminatory manner.

The SSA emphasizes that verifying SSNs can only occur after an employee has been hired and that the use of SSNVS/TNEV must be applied to employees consistently. You’re not required to verify SSNs, but you may choose to do so. The TNEV and SSNVS systems can’t be used for employment verification purposes.

Under Labor Code section 1024.6, an employer may not discharge employees or in any manner discriminate, retaliate or take adverse action against employees because they update or attempt to update their personal information based on a lawful change of name, SSN or federal employment authorization document.

For instance, per the Secretary of Homeland Security, certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. These individuals may attempt to update their SSNs and may be protected under Labor Code section 1024.6, even if they were previously using false information.

In addition, for employers who use E-verify, you can’t take adverse action against employees when you receive notification of an E-verify mismatch (tentative non-confirmation letter or TNC) unless and until the program issues a Final Non-Confirmation. You must also provide specific notification to employees. For information on E-Verify, see E-Verify.

• Do not take any action against an employee who attempts to update their Social Security number without first consulting employment or immigration counsel.

For more information, see Immigrant Workers and Discrimination/Retaliation Protection.

Requesting a Driver’s License

A general practice of requiring all new hires to show a driver’s license can violate the law. An employer potentially exposes itself to liability for unfair immigration-related employment practices and national origin discrimination by asking a new hire for a driver’s license when one is not required for the job.

• Effective January 1, 2025, California increased its scrutiny in this area, prohibiting employers from listing a driver’s license as a preferred qualification for job candidates unless certain conditions are met. Specifically, the law prohibits employers from including a statement in a job advertisement, posting, application, or other material that an applicant must have a driver’s license, unless the employer both:

• Reasonably expects driving to be one of the job functions for the position; and
• Reasonably believes that using an alternative form of transportation would not be comparable in travel time or cost to the employer.1

Additionally, FEHA national origin and ancestry regulations prohibit an employer from requiring a person to present a driver’s license, unless possessing a driver’s license is:

• Required by law; or
• Required by the employer and the employer’s requirement is otherwise permitted by law.2

The regulations provide that a policy requiring applicants or employees to present or hold a driver’s license can be considered a violation of the law if:

• The policy is not uniformly applied; and
• The policy is inconsistent with legitimate business reasons (not needed to perform an essential job function).3

In addition, unless driving is an essential job function, employers who require employees to provide a driver’s license also maybe violating state and federal disability discrimination laws.

Employers also can’t discriminate against undocumented persons who hold one of the unique California drivers’ licenses issued under the Vehicle Code — often referred to as an AB 60 driver’s license — that the DMV began issuing in 2015. It’s a violation of the FEHA and considered national origin discrimination to discriminate against an individual who possesses one of these licenses.

For more information, see National Origin Discrimination and Immigrant Workers and Discrimination/Retaliation Protection.

Despite these employee protections, an employer still has rights and obligations to verify eligibility for employment. Any action by an employer that’s required by the federal Immigration and Nationality Act is not a violation of state law. This law doesn’t prohibit an employer from reviewing documents that an employee chooses to present as part of the Form I-9 employment process. For more information, see “California Drivers’ Licenses” in Completing the Form I-9.

Employers also should be cautious about pulling DMV driver’s license records on job applicants, as these records may contain conviction history information that cannot be obtained until after a conditional job offer has been made. There are, however, exceptions if state or federal laws require the check. Employers who need to review DMV records on job applicants should consult legal counsel. For more information, see Restrictions on Obtaining Criminal History.

Employee’s Name or Gender

Make certain that you honor an employee’s stated preference to use a particular preferred gender, name, and/or pronoun, including gender-neutral pronouns. Failure to do so can result in liability. There’s one exception: You’re allowed to use an employee’s gender or legal name as indicated on a government-issued identification document only if required to meet a legally mandated obligation.4 For more information, see “Recording and Use of Gender and Name” in Gender, Sex, Gender Identity and Expression.

Employers must familiarize themselves with identification documentation. California identification cards, birth certificates and driver’s licenses can include one of three gender options: female, male or nonbinary.

All three options are equally lawful, and employers should ensure that managers understand the documents so they don’t question a document’s validity.

• When filling out new employee paperwork, ordering business cards, etc., use the employee’s preferred gender, name and/or pronoun unless the employee’s official name on that individual’s government ID is necessary in order to legally comply with government requirements.

1. Gov. Code sec. 12940(q)

2. Veh. Code sec. 12801.9; 2 CCR sec. 11028(g)

3. 2 CCR sec. 11028(g)

4. 2 CCR sec. 11034