Discrimination and Employment Eligibility Verification
Issue #74
October, 22, 2008
All U.S. employers are required by law to verify the employment eligibility of all employees employed in the United States regardless of the immigration status of the employees. Through the Form I-9 verification process, employers ensure that employees possess proper authorization to work in the U.S., and that hiring practices do not unlawfully discriminate based on immigration status
National Origin Discrimination
Federal laws prohibiting job discrimination include Title Vll of the Civil Rights Act of 1964 (Title Vll). Under Title Vll it is Illegal to discriminate in any aspect of employment, including the hiring process. Discrimination against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific group is illegal under Title Vll, as well as the California Fair Employment and Housing Commission regulations.
Employment Inquiries
The California Department of Fair Employment and Housing publishes a fact sheet on employment inquiries that outlines acceptable and unacceptable questions employers may ask applicants and employees. On the subject of birthplace and citizenship, the fact sheet indicates that statements or inquiries regarding verification of legal right to work in the United States would be acceptable. Unacceptable questions would be about the applicant or applicant's parents, spouse, or other relatives' birthplace, or requirements that applicant produce naturalization or alien card prior to employment.
Avoid Documents that Identify Protected Characteristics
Employers should avoid any practices that enable them to receive or inspect documents, materials or papers that identify an applicant on a basis covered by the state or federal civil rights laws. While it may be acceptable to ask "Once hired, can you provide verification of your legal right to work in the United States?", it would not be appropriate to request or inspect birth certificates, naturalization papers, passports, medical histories, or similar documents before extending an offer of employment. Employers are advised to direct questions in this area to their labor relations counsel.
Free for the asking . . . .
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