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Employer Right to Know

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Inquiring Employers Want to Know

The information below is sometimes requested on employment applications, some candidates might view some of it to be private or personal. Which of the following items about an employee might an employer have a legitimate claim to know, and why?

A job applicant's social security number
An applicant's arrest record
An employee's medical records
An employee's marital status
Whether a job applicant smokes
An employee's political affiliation
An employee's sexual orientation
An employee's credit rating

Consider the following questions in your assessment: What facts are relevant to your decisions?
What would the consequences be of refusing to answer any questions on an employment application? Are you basing your decision on particular rights of the employee or the employer?
Are there people other than the employer and employee who might have a stake in what information is released to employers?

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Solution Preview

In a situation of this nature, an employer would have a legitimate claim to know a job applicant's social security number, due to the fact that this is the most effective and legitimate means by which to ensure the identity of that job applicant. An employer would have a legitimate claim to know and applicant's arrest record, in order to ascertain if this individual has committed violent crimes, which could endanger other staff members. If this individual is employed. An employer would have a legitimate claim to know a job applicant's credit rating, due to the fact ...

Solution Summary

This solution describes important aspects of employer and employee rights, in respect to applicant information.