The Court denied the employer's motion to dismiss the complaint. A settlement was later reached in which Mr. Hanson was awarded back pay.
The Court's final decree setting out the terms of the settlement stated that: "The [employer] shall be permanently enjoined from terminating an employee for failure to provide a social security number because of religious beliefs.
A sincerely held religious belief may serve as a valid basis for objecting to requirements for a social security number for employment purposes. A business could be found guilty of discrimination for taking adverse action against an employee or applicant due to their refusal to use or obtain a SSN. The answers addressed in this section apply equally to State "Voter Registration" and "Blood Banks," in that the same sections of law reviewed herein are worded similarly for these two additional State administered functions.
Answer : No, but you may be unlawfully denied the license depending on the particular State you live in. Driver licensing, voter registration, and blood donation laws vary from state to state. Federal, state, and local laws regulate what information may or may not obtained from individuals by governmental agencies. These laws govern how and when information may be requested as well as what uses may or may not be made of the personal information collected by government agencies.
By far the most common "governmental" request for social security numbers comes from state driver's licensing agencies. When someone applies for a driver's license and objects to giving out their SSN the license administrator will often respond, "Federal law requires that we must get it," or "Federal law authorizes us to get it. However, this is not a federal "requirement" that States must obtain social security numbers when issuing driver's licenses.
Therefore, Title 42 U. However, several other government agencies [other than SSA] are permitted by law to use Social Security numbers, but there is no law either authorizing or prohibiting their use. An important recent U. Supreme Court decision reaffirmed the fact that the federal government cannot compel [force] states to enforce a federal regulatory program - such as requiring SSNs.
In the case "Sheriffs Mack and Printz v. The United States," June 27, , the nation's highest court stated:. Today we hold that Congress cannot circumvent that prohibition by conscripting the State's officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.
It matters not whether policymaking is involved, and no case-by-case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty. Under the Printz line of U. Supreme Court cases the federal government cannot, even if it wanted to, force states to obtain a social security numbers as a condition to getting a driver's license. To do so would constitute a federal subjugation of each State law-making lawmaking authority in direct violation of the fundamental and historical legal principle of "dual sovereignty".
However, Congress HAS enacted a multitude of new laws all connected to federal funding which do require states to comply with federal "guidelines" in order to receive federal money. Several of these new laws include "requirements" that the states must enact state laws requiring their licensing agencies to obtain social security numbers.
Funding contingent type laws are so relatively new that the U. Supreme Court has not ruled on their constitutionality. The U. Supreme Court did, however, comment on this very issue in Printz, and the Court indicated that the practice of enacting federal funding contingent laws is as unconstitutional as the direct commands themselves. We can safely conclude that Title 42 U. Code, Section c 2 C i does not, and cannot impose a requirement that the states must obtain social security numbers from driver's license applicants.
The next point to consider then is whether there are any federal regulatory requirements which "regulate" the use of social security numbers when a State is "permitted" or "allowed" to obtain them for any purpose.
Then we must determine whether or not the "regulatory" law is "inconsistent," with section c 2 clause i. This brings us to the Privacy Act. The Privacy Act of By far the most significant Federal law regulating the uses that may be made of social security numbers is the "Privacy Act of " Pub. The Privacy Act clearly "regulates" the use of social security numbers by federal, state, and local government agencies.
Section 7 of the Act states:. An adjacent section of the Privacy Act found at 7 a 2 states:. As can be seen here, The Privacy Act at Section 7 a 2 provides an exception to the prohibitive statement in paragraph 1 , the absolute prohibition against any federal, state, or local agency denying to any individual a benefit, right, or privilege due to their refusal to disclose their social security number.
The key words used in the exception are found in the phrase "required by federal statute. Which means that federal law cannot "require" a state agency to obtain social security numbers. Therefore, the "exception" found at 7 a 2 does not, and cannot , apply to state requests for SSNs. Paragraph, " i " is the permissive clause of Section reviewed earlier which "allows" or "permits" the states to use a social security number for their driver's licensing programs. There is nothing "inconsistent" with the above interpretation.
In fact, any other interpretation would create inconsistencies. Hence, there is nothing "inconsistent" with the federal regulatory provisions of the Privacy Act with regards to the "permissive" clause found in 42 U. It follows then that while 42 U. Unfortunately, many states are not complying. It must be assumed that since the SSN is a federally assigned number, federal laws can be used to regulate and restrict its use. Are there any penalties for misuse of a person's social security number by a state agency?
In fact, there are. Code, section a 8 states: "[Whoever] discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States; shall be guilty of a felony and upon conviction thereof shall be fined under title 18 or imprisoned for not more than five years, or both. Some States have enacted State laws requiring social security numbers as a condition for being issued a driver's license. Some states even use a person's social security number as the driver's license number.
Most of these states, but not all , have policies or laws which allow the use of alternative numbers when requested. In either case, when states require a social security number under the authority of state law, they are supposed to be regulated by the requirements and prohibitions contained within the Federal Privacy Act of , Section 7.
Currently, a person living in a state with laws requiring a social security number as a condition to getting a driver's license may have only one recourse - should they decide to force the issue they may have to file a lawsuit. Most notably, Georgia and Louisiana in , both enacted State laws prohibiting their State's licensing agency from obtaining a SSN from driver's license applicants.
The answer to the driver's license question is: No federal law "compels," "authorizes," or directly "requires" states to obtain social security numbers from driver's license applicants. Even if such a federal law did exist - based upon recent U. Supreme Court decisions — states would be in violation of fundamental, court adjudicated constitutional principles should they decide to enforce it.
All requirements for social security numbers by state government agencies, for any purpose, must comply with the regulatory requirements stipulated in the federal Privacy Act of prohibiting states from denying any right, benefit, or privilegebecause of an individual's refusal to disclose his social security account number. Whenever a state does request a SSN it must provide the Privacy Act "notice" identifying: the uses that will be made of the number; whether supplying the SSN is mandatory or voluntary; and, the statutory authority for the request.
Several people have already won court cases objecting on religious grounds to State requirements for a SSN as a condition to receiving a driver's license. In "Leahy v. Leahy's religious objection to providing his social security number in order to get a driver's license. Also, as recently as October , five plaintiffs sued the City of Los Angeles, on religious objection grounds, objecting to the State's requirement that driver's license applicants must provide a social security number as a condition to getting a license.
They won the case in the State Superior Court but the State is currently appealing. A similar case is pending in Alabama on appeal.
Do I have to give banks and non-governmental entities a social security number? Answer: No For the purpose of this FAQ, entities such as banks and utility companies are classified as "quasi-governmental" entities. Public schools and universities, banks, utility companies, libraries, and even airlines are also grouped in this class. All of these entities generally provide social services and are typically regulated by federal, state, or local laws.
The Postal Service is also classified in this group because they are regulated under the banking laws when issuing postal money orders. As publicly regulated entities these "quasi-governmental" entities must also comply with the requirements and prohibitions of the Privacy Act. Also, please note that to comply with regulations implementing the BSA, card clubs may need to prepare and retain records not otherwise produced in the ordinary course of business.
Answer 5: Yes. Casinos and card clubs are required to develop and implement written programs that are reasonably designed to assure compliance with all applicable BSA requirements. This includes establishing internal controls 22 to monitor compliance with currency transaction reporting requirements with regard to known customers. Neither 31 C. A casino or card club must aggregate customer currency transactions that occur on the floor or the cage, when it has obtained knowledge of such transactions either from examining records or actual knowledge including of large chip redemptions for currency.
Question 6: To what extent is a casino required to aggregate credit card advances with other types of cash out transactions for currency transaction reporting purposes? A casino must aggregate and report multiple currency transactions when it has knowledge that such transactions have occurred.
Question 7: Is a casino or card club chip runner, casino floor person, or a casino host required to be listed as an agent on a CTRC when they conduct currency transactions on behalf of customers? Answer 7: No. Accordingly, the chip runner or floor person would not be listed as an agent of a customer on a CTRC.
Answer 8: No. When a casino or card club has obtained actual knowledge of a reportable currency transaction, it must obtain the identification information such as customer name, permanent address, and Social Security Number "SSN" needed to file a complete and accurate CTRC, and then verify the name and address "before concluding the transaction.
Also, FinCEN understands that a casino may have the customer complete an IRS Form W-9, Request for Taxpayer Identification Number and Certification, 31 to obtain a person's correct Taxpayer Identification Number 32 or, if the customer has a deposit or credit account with the casino, the casino will review the account to obtain the SSN since the SSN is required at the time that the account is opened. Question 9: Are two separately licensed, but jointly-owned riverboat casinos that are operating from the same dock and sharing certain information systems, required to aggregate currency transactions by the same customer that occurred at both casinos?
Answer 9: No. Each casino licensee is a separate financial institution for purposes of complying with currency transaction reporting. Two riverboat casinos that are under common ownership and common management, share certain information systems, maintain similar accounting and internal control procedures, or use the same docking facilities, but which have separate licenses, are not required under 31 C. Question Is a casino required to file a CTRC on customer jackpot wins from casino games other than slot jackpot or video lottery terminal wins?
Answer Yes. A casino is required to file a CTRC on customer jackpot wins paid in currency from casino games other than slot jackpot or video lottery terminal wins. Question May a casino share information with another casino concerning potential suspicious activity?
Answer Yes, casinos may utilize Section b 41 information sharing to work together to identify money laundering and terrorist financing. Also, casinos can utilize Section b information sharing with depository institutions and money services businesses.
Section b as implemented by 31 C. Section b permits sharing information relating to transactions that a financial institution suspects may involve the proceeds of one or more specified unlawful activities listed in 18 U. Section b does not replace the existing obligations of financial institutions to file suspicious activity reports when required.
Please note that the Section b process cannot be used by a casino to exchange information with another casino about customers conducting non-criminal financial activities, such as card counting. For additional information on the Section b voluntary information sharing program, or to submit a notice to FinCEN to share information voluntarily, refer to www.
Answer A casino or a card club's requirement to report suspicious activities applies to all types of financial services conducted or attempted by, at, or through a casino or card club. However, if the casino or card club enters into a contractual agreement to lease space within the establishment to a money transfer company and the company's agent s operate the business, then the money services business suspicious activity reporting rules would apply and the money transfer company would use FinCEN Form to report suspicious activity.
Question To what extent should casinos and card clubs use the "other" box in Item 26 on the SARC to describe the type of suspicious activity? Because suspicious transactions may comprise more than one of the listed types of activities, casinos and card clubs should check as many boxes as are applicable but be sure to check at least one box.
Entered by Filer and may not correspond to the exact legal name of the class. Class Ticker The stock market symbol if any for a class.
An investment company series may include one or more share classes with differing sales charges and expenses. This is not a required field and will not be available for every registrant. City The city of the registrant's business address. State The state of the registrant's business address. Zip Code The zip code of the registrant's business address. Data Downloads File. This is a number with an prefix assigned to filers registered under the Investment Company Act of This corresponds to the name of the legal entity registered under the Investment Company Act of Entered by Filer.
Additionally, a reporting entity is not required to solicit a Social Security number from an individual whose coverage is terminated. WHAT Information reporting entities must make reasonable efforts to obtain Social Security numbers of all individuals enrolled in group health plans and health insurance policies.
WHY The information is needed on the C that large employers must furnish to full-time employees and on the B that health insurance issuers and sponsors of self-insured plans must furnish to all enrollees.
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