Dallas Employment Trial Lawyer Riley Carter
Employees are often asked to provide personal information as part of the hiring process or during their employment. While employers do have the right to collect certain information, that right is not unlimited. Federal and state laws strictly regulate what employers may request, when they may request it, and how that information may be used.
Understanding these boundaries is critical for employees who want to protect their rights.
Employers may request limited identifying information that is necessary for legitimate business purposes, including: an employee’s full legal name, address and contact information, social Security number (typically after hire, for payroll and tax purposes), and emergency contact information. Employers may not request personal information in a way that suggests discrimination. For example, asking for a date of birth during the hiring process may violate age discrimination laws unless there is a lawful, job-related reason.
Federal law requires employers to verify that employees are authorized to work in the United States. Employers may request the completion of Form I-9 and supporting documentation selected by the employee from the approved list. Employers may not demand specific documents or treat applicants differently based on citizenship, national origin, or immigration status.
Employers are generally permitted to ask about and verify an applicant’s prior work history, including previous employers, job titles and responsibilities, dates of employment, and employers may also contact former employers or use third-party verification services.
When a third-party background service is used, the employer must comply with the Fair Credit Reporting Act (FCRA), including notice and written authorization requirements.
Employers may request and verify educational degrees, professional licenses, and certifications relevant to the position. Credential requirements must be job-related and consistent with business necessity. Overly restrictive requirements may raise discrimination concerns.
Employers may conduct criminal background checks, but the process is highly regulated. Key legal requirements often include written notice and authorization, opportunity to review and dispute inaccurate information, and individualized assessment of criminal history. Many jurisdictions—including Texas municipalities—have adopted “ban-the-box” or fair chance hiring laws, which restrict when criminal history may be considered. Employers generally may not disqualify candidates based solely on arrest records.
Credit checks are permitted only in limited circumstances, typically for positions involving significant financial responsibility.
Medical information is among the most protected categories of employee data. Before a job offer employers may not ask about medical conditions, disabilities, and prescription medications. After a conditional job offer employers may require medical examinations or health disclosures only if the requirement applies to all employees in similar roles and the inquiry is job-related and consistent with business necessity. During employment, medical information may be requested for reasonable accommodation requests, medical leave documentation, and fitness-for-duty evaluations. All medical information must be kept confidential and stored separately from personnel files.
When employers request information that is overly invasive, discriminatory, or unrelated to the job, employees may have legal claims under federal or state law. These violations often arise quietly—during hiring, medical leave requests, or background checks—but can carry serious consequences.
If you believe an employer has requested improper information, used your personal data unlawfully, or denied you a job or accommodation based on protected information, you may have legal options. Please reach out to me in the Dallas office for a consultation or one of my talented colleagues in Houston or Austin. Our firm focuses exclusively on protecting employee rights and holding employers accountable under the law.