Inquiries about a person’s citizenship or country of birth are unlawful and imply discrimination on the basis of national origin. A lawfully immigrated alien may not be discriminated against on the basis of citizenship. The Immigration Reform and Control Act of 1986 require employers to verify the legal status and right to work of all new hires. Employers should not ask applicants to state their national origin, but should ask if they have a legal right to work in America, and explain that verification of that right must be submitted after the decision to hire has been made. To satisfy verification requirements, employers should ask all new hires for documents establishing both identity and work authorization.
Example of Illegal Questions
Where were you/your parents born?
What is your native language?
What is your country of citizenship?
Are you a US citizen?
Possible Legal Alternatives
Do you have any language abilities that would be helpful in doing this job? (Legal if language ability is directly relevant to job performance.)
Are you authorized to work in the United States?
www.jobinterviewquestions.org/questions/job-specific-questions.asp
Wednesday, 28 October 2009
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