Great Lakes Wire

Employers are advised against asking job applicants about their immigration status during the hiring process. Questions regarding whether an applicant is a citizen, naturalized citizen, lawful permanent resident, or refugee can lead to potential discrimination claims and legal risks.

According to employment guidelines, such inquiries can result in intentional discrimination if the information influences hiring decisions. Even unintentional bias, where unconscious bias affects decision-making, is considered illegal. Additionally, perceived discrimination might occur if an applicant believes that their immigration status impacted the hiring outcome, potentially leading to costly legal disputes.

Instead of asking about immigration status directly, employers should confirm an applicant's ability to work in the U.S. only after extending a job offer. This can be done by completing Form I-9 post-hiring to verify eligibility for employment. Employers are encouraged to ask applicants if they are authorized to work in the United States rather than delving into specific immigration details.

Staying informed about employment laws is essential for minimizing legal risks associated with hiring practices. For further guidance on compliant hiring procedures, employers may refer to related resources such as "Real-Life HR Questions to Avoid in an Interview."

This Q&A serves as general information and does not constitute legal advice or address state or local law specifics.

"Article courtesy of Ahola."