employment privacy tax-law health-insurance
Is it legal for employer to require portions of an IRS form 1040 for verification of dependent eligibility?
<p>Is it legal (California, USA) for an employer to require an employee provide a copy of the first two pages of their most recent form 1040 as part of demonstrating the eligibility of the dependents for medical, dental, vision, etc. insurance benefits?</p>

<p>This demand is being made in addition to a copy of the marriage certificate as well as birth certificates for dependent child(ren).</p>

<p>Specifically, they are demanding:</p>

<blockquote>
  <p>the first page (both sides) of your most recent federal income tax return Form 1040 (either one joint return or the returns of both parties, if you are filing separately) showing filing status, the signatures and date signed of the employee and spouse (blacking out the financial information).</p>
</blockquote>

<p>Additional (presumably equivalent) instructions are provided for those filing electronically. The requirement is waived for those who have been married for less than one year.</p>

<p>It is almost assurable that the <strong>insurance provider</strong> is demanding your paperwork, <em>not the employer itself</em>. The company is merely a proxy - they have the time and staff and information to contact you and arrange getting the necessary evidence.</p>

<p>This being a federal form which neatly summarises all information concerning your dependents and their current relationship to you, it is the ideal piece of evidence to use.</p>

<p>If you want the benefit, you have to show you're eligible for it. That's entirely your decision; recognise that the consequence is a lack of employer-provided coverage.</p>
