Quick Answer: Can Employers Ask About Immigration Status?

What is your work authorization status?

An individual’s work authorization, or employment eligibility, refers to his or her legal right to work in the United States.

U.S.

citizens, born or naturalized, are always authorized to work in the United States, while foreign citizens may be authorized if they have an immigration status that allows them to work..

Is citizenship a discrimination?

U.S. citizens, U.S. nationals, asylees, refugees, and recent lawful permanent residents are protected from citizenship status discrimination.

Can you ask a job applicant their age?

Companies Are Legally Allowed to Ask for a Job Applicant’s Date of Birth: However, they not allowed to discriminate against workers aged 40 and older based upon their age.

Can you discriminate based on immigration status?

A part of the Immigration and Nationality Act, found at 8 U.S.C. section 1324b, prohibits employers from discriminating against individuals based on their citizenship or immigration status, or their national origin, during the hiring, firing, recruiting, Form I-9, or E-Verify processes.

Can you ask if someone is legally able to work in the US?

An employer can inquire if an applicant is legally eligible to work in the United States and inform the applicant that proof of his or her eligibility to work in the United States must be provided if selected for hire.

Can you ask about work authorization?

The question must focus on the job applicant’s ability to work legally in the United States. The question should not ask about the applicant’s immigration status or citizenship. Therefore, an employer may ask: Are you authorized to work lawfully in the United States for [insert company name]?

Can you ask if someone is a citizen?

Most employers should not ask whether or not a job applicant is a United States citizen before making an offer of employment. Federal law also prohibits employers from conducting the Form I-9 and E-Verify processes before the employee has accepted an offer of employment. …

What happens if you hire an illegal immigrant?

If you engage in a pattern of hiring undocumented immigrants, you could face criminal fines of up to $3,000 per unauthorized worker and up to 6 months in jail. … Employers can also be held responsible if they utilize contractors who hire undocumented immigrants.

What are the 7 types of discrimination?

Types of DiscriminationAge Discrimination.Disability Discrimination.Sexual Orientation.Status as a Parent.Religious Discrimination.National Origin.Sexual Harassment.Race, Color, and Sex.More items…

A “U.S. citizens-only” policy in hiring is illegal. An employer may require U.S. citizenship for a particular job only if it is required by federal, state, or local law, or by government contract.

What questions are illegal in an EEOC interview?

EEOC Guide To Illegal Interview Questions: What You Can’t AskRace. Example: What Is Your Race? or What Nationality Are You? … Height & Weight. Example: How Tall Are You? or How Much Do You Weigh? … Financial Information. … Religious Affiliation Or Beliefs. … Citizenship. … Marital Status or Number Of Children. … Disability and Medical Conditions. … NYC Only: Salary History.

Can I ask an applicant if they require sponsorship?

2 (confirming that a company “may ask candidates for the position whether they will require sponsorship for a visa”) . If, however, an employer asks the second question, it should do so for all job applicants. … The employer should not reject the job applicant simply because he has temporary work authorization.

How can I check my citizenship status?

Proof of Citizenship for U.S. CitizensBirth certificate showing birth in the United States;Form N-550, Certificate of Naturalization;Form N-560, Certificate of Citizenship;Form FS-240, Report of Birth Abroad of United States Citizen; or.Valid unexpired U.S. passport.

Legal Compliance: When a candidate answer “yes” to both questions, the hiring unit is allowed to ask further questions about immigration status without risking liability or a discrimination charge.

What can we legally ask foreign workers during the pre employment process?

To generally avoid discrimination claims, the EEOC recommends that the information obtained and requested through the pre-employment process should be limited to those essential for determining if a person is qualified for the job; accordingly, information regarding race, sex, national origin, age, and religion are …

What questions are illegal for an employer to ask?

Illegal Interview QuestionsAge or genetic information.Birthplace, country of origin or citizenship.Disability.Gender, sex or sexual orientation.Marital status, family, or pregnancy.Race, color, or ethnicity.Religion.

What you Cannot ask in an interview?

What interview question topics are illegal?Race, Color, or National Origin.Religion.Sex, Gender Identity, or Sexual Orientation.Pregnancy status.Disability.Age or Genetic Information.Citizenship.Marital Status or Number of Children.

What Cannot be asked on a job application?

Questions should focus on job-related issues and protect the privacy and employment rights of all applicants. It’s illegal to ask about certain characteristics protected by law such as gender, age, race, religion, national origin, disability or marital status.