Employer asking us to provide SSN to a military customer [closed]

Question

I work for a local trucking company. We deliver to many job sites in all places for our customers who are running them. Today two drivers went to military base. Typically one provides their birth date, license number, and social security number to an armed service member at the front gate. Once approved they can enter.

Upon arrival both drivers were stopped at the gate. Both drivers received a phone call from someone who works a the company (our customer) who may or may not have actually been on site. They were asked to provide their social security number to the unknown person at the company so that they could use that for the background check at the base. Both drivers refused. Management was furious, and called each of them and told them they should provide their SSN to the unknown person from the company who was asking for it. They still did not provide their information and eventually turned back and left without making the delivery.

They believe that they should not because they do not know that the company might do with it. They could lose it, they could use it for fraud, or one of their own employees who may have criminal record or no work authorization.

There is supposed to be a procedure in place for visitor authorization. The company is supposed to provide us with a written request for the information to be used for the background check at the base. This was brought up before they left and they were told not to worry about it. Obviously this was not done prior to their arrival.

The company will likely ask someone else to try this again this week and I am concerned they will ask me. My thoughts are that that company did not put in the required authorization request in the first place, or were scrambling to do it at the last minute. I am also concerned about providing my SSN to anyone other than a uniformed service member.

Is it illegal for a company to ask for an employee to provide their SSN to a customer? Even for the purposes of a background check? If so, how can anyone be sure that it will be used properly and disposed of? Like I said, the company could write it down and lose it, or someone else could find it, or it could be used for another purpose other than the one time background check.

Can the employees face disciplinary action for refusal?

I might make it clear up front that I am not comfortable providing this information myself to anyone other than a service member. Could I face retaliation? If so, should I file a complaint with HR or the EEOC? Are there any legal protections to keeping ones personally identifiable information private in a situation like this?

Answer 1

Every military base has a procedure for getting onto that base. The trucking company needs to determine the exact procedure, and follow the procedure. In some cases it is easier to get a small number of drivers pre-approved instead of many drivers approved just in case they are needed, or do it on a ad-hoc basis which can take a ton of time for each delivery.

I would not provide my SSN over the phone to an unknown person. There should be no needed for this unsecure step.

I see construction vehicles, busses, food trucks, UPS, and FEDEX trucks drive onto bases every day. Sometimes they have to go in a specific gate, or report to a specific office. Sending drivers to the base and hope they can get through isn't a good plan.

Is it illegal for a company to ask for an employee to provide their SSN to a customer? Even for the purposes of a background check? If so, how can anyone be sure that it will be used properly and disposed of? Like I said, the company could write it down and lose it, or someone else could find it, or it could be used for another purpose other than the one time background check.

They can ask. Any government facility has access procedures. Usually the SSN is needed before they will process a visit request.

Normally there are forms that are submitted. They usually explain the purpose of the information, and how it will be protected.

Can the employees face disciplinary action for refusal?

Of course they could face disciplinary action. If this was a large part of the job, and you refused to make deliveries to military bases your refusal would limit the number of routes you can support, and your job would be at risk. But if they made a lot of deliveries to military bases, the company would follow the procedures to make those deliveries more efficient. It appears they haven't followed the procedures.

Answer 2

If you live in a state with at-will employment, you won't have any recourse if you're fired over this unless you're in a union.

If you live in a right-to-work state or you're in a union, you may have some protections.

EEOC deals with discrimination, and for any kind of recourse you'd be dealing with your state's Department of Labor.

It does sound as if this process was bungled and done at the last minute, and both drivers were smart to refuse such information. Maybe the customer is inexperienced, because access controls at military bases have always been around.

Answer 3

I've worked at or for many government sites. ALL of them require any and all visitors to provide photo ID with SSN to security before you're allowed to enter (usually at a front desk or guard office as soon as you arrive).

Usually visitors need to be pre-announced, complete with the numbers of their ID and SSN by the person who is arranging for their visit, usually hours if not days in advance. I'm highly surprised that this wasn't made clear to you before you took on the job, but it's standard practice. I'm also surprised you didn't have to supply that information before you even set out on the drive, rather than after arriving at the gate.