I"m depressed and Frustrated!!

[ChristinaM 0]

My feeling is that it's one of those questions that you can refuse to answer, and if you feel that you will be discrimiated against for the answer, then it's probably not a company you want to work for anyway.

Newly-wed women should not be discriminated against for fear that the may wish to start having babies, but it still happens.

Doesn't life just suck sometimes?!

[john_and_marlene 162]

They can ask to see that proof before making you a job offer, but if they then discriminate on the basis that you have an EAD as opposed to a green card, we run into all the stuff with Equal Employment laws and rah rah rah.

What Equal Employment law covers this?

What legal protected class are they discriminating against?

Just claiming discrimination doesn't make it legally so.

Newly-wed women should not be discriminated against for fear that the may wish to start having babies, but it still happens.

In this case, they would be violating the law. Discrimination based on sex is illegal. It is a protected class.

[ChristinaM 0]

The U.S. Equal Employment Opportunity Commission:

http://www.eeoc.gov/

Title VII and the other antidiscrimination laws prohibit discrimination against individuals employed in the United States, regardless of citizenship. However, relief may be limited if an individual does not have work authorization.

http://www.eeoc.gov/origin/index.html

The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.

(Bolding is mine.)

http://www.eeoc.gov/abouteeo/overview_practices.html

The following guidelines, called the Fair Inquiry Guidelines were established by the EEOC, Equal Employment Opportunity Commission, in order to provide specific protection from discrimination.

Subject: Citizenship

Unlawful Inquiries: Whether an applicant is a citizen. Requiring a birth certificate, naturalization or baptismal certificate. Any inquiry into citizenship would tend to divulge applicant's lineage, descent, etc.

* "Are you a citizen of the US?"

* "Are your parents or spouse citizens of the US?"

* "On what dates did you, your parents or your spouse acquire US Citizenship?"

* "Are you, your parents or your spouse naturalized or native-born US citizens?"

Lawful Inquiries: Whether applicant is prevented from lawfully employed in this country because of visa or immigration requirements. Whether applicant can provide proof of citizenship (passport), visa, alien registration number after hiring. "If you are not a US citizen, do you have the legal right to remain permanently in the US?", "What is your visa status (if no to the previous question.)", Are you able to provide proof of employment eligibility upon hire?"

http://www.stat.washington.edu/www/jobs/questions/

Just some examples.

I'm over and out for a while, at least, but I'd be interested to know what the legal situation really is. Prove me wrong!!

Christina

(Edited for spelling braincramp!)

Edited July 18, 2006 by clmarsh

[shakysgirl 1]

I feel for you Piggy- my husband THOUGHT he had a job about 6 weeks ago. He was interviewed, they knew his immigration status and everything. A few days before he was supposed to start (after he had stopped sending out resumes, etc) he was told because he wasn't a US citizen, he couldn't work. It was very frustrating to us as they knew his immigration status the whole time. Granted, he works in the avionics field, but it was still upsetting. Keep the faith though- a couple of weeks later he was offered a better job with a closer commute, so in the end it was a blessing in disguise.

[john_and_marlene 162]

Lawful Inquiries: Whether applicant is prevented from lawfully employed in this country because of visa or immigration requirements. Whether applicant can provide proof of citizenship (passport), visa, alien registration number after hiring. "If you are not a US citizen, do you have the legal right to remain permanently in the US?", "What is your visa status (if no to the previous question.)", Are you able to provide proof of employment eligibility upon hire?"

As I previously indicated, I don't see any protection for someone who has a temporary work authorization and is not approved for permanent residence. You have provided an example of Lawful inquiry than makes my point.

[caoileann 0]

Hi all

This is an interesting story - my husband also experienced something similar this afternoon, no less. He made an appointment today at a temporary recruitment agency. After spending (read wasting) two hours of his time taking Word, excel and powerpoint tests, they requested to see his work permit, and then declined to allow him to register becasue he did not have a greencard (he has an EAD)! I am outraged!!!!!!!!!!! I am calling the special counsel (mentioned above) to report the woman who discriminated against him - I will follow up and let you know how this goes, but this is utter discrimination - its hard enough being on a K1, not being allowed to work, and then being blatanly lied to by an idiot in a temping agency!

Caoileann

Edited July 18, 2006 by caoileann

[l.j./1999 1]

For most jobs outside the federal government, employers should really not be asking for DETAILS on a person's immigration status.

Yes, they can ask in general if you are work authorized or need sponsorship or are here legally - those are perfectly valid questions if they are phrased broadly. But as long as someone is work authorized, it should end there, without digging further as to the exact nature of that person's status.

When you actually get hired, you'll need to fill out form I-9, and that's when you must present your EAD card as your proof of work authorization. If you're an LPR, you have an unrestricted SS card, so you would use that as proof of your status. Employers can't dictate which documentation they prefer, as clmarsh's quotations indicate.

My husband has also dealt with these issues and it's incredibly frustrating.. I feel strongly that making a distinction between EAD holders and greencard holders is discrimination and not right..

For those who want to know more about the laws, check out this site: http://www.usdoj.gov/crt/osc/

It's the website of the Office of Special Counsel for Immigration Related Unfair Employment Practices, part of the Dept of Justice.

[ChristinaM 0]

Yes, they can ask in general if you are work authorized or need sponsorship or are here legally - those are perfectly valid questions if they are phrased broadly. But as long as someone is work authorized, it should end there, without digging further as to the exact nature of that person's status.

Employers can't dictate which documentation they prefer, as clmarsh's quotations indicate.

Precisely.