I-9 Requirements

Texas complies with federal requirements for identification prior to hiring employees. Employees must be able to demonstrate that they have the right to work in the United States. In most cases, employees can satisfy this obligation by providing their Texas driver's license or Texas non-driver ID card and their Social Security card. If an employee cannot provide either of these documents, he can satisfy the requirement by providing other documents such as a birth certificate or passport.

Purpose

The main purpose of the identification requirements for Texas employment is to ensure that workers are either U.S. citizens or immigrants to the U.S. who have permission from the U.S. government to work while they are in the U.S. In addition, some employers use these identifying materials to run background checks on job applicants prior to offering employment.

Concern

Producing these identification documents does not present problems for most people who legitimately seek employment. However, people who are seeking gender transition may have extra difficulties if they have not yet met the requirements to legally change their gender on their driver's license. In addition, the Social Security administration sometimes informs employers of "gender mismatch" if a person claims a different gender than that listed on his Social Security card. Both of these policies may alert employers that an individual is transgender, which puts him at risk of not being hired, as Texas does not have any laws protecting people from discrimination based on gender identity.

Alternatives

If an individual in Texas does not have or does not wish to use a driver's license, she can submit a passport in lieu of her driver's license. Individuals may also use their birth certificates instead of their Social Security card if they wish; however, individuals must submit Social Security information to their employers prior to beginning work so that they can be properly recorded for tax purposes.