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Prospective Employer Violating Irca?

Discussion in 'General HR issues' started by SWE, Feb 18, 2015.

  1. SWE

    SWE New Member

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    There is a job that I wish to apply for. When I go to the company's web site and click the "Apply" link, it takes me to an application page where I can enter my information. One of the questions that it asks is my "Work Status". It's a dropdown, and the choices are: US Citizen, Permanent Resident, H1 Visa, TN Visa, EU Citizen, Non-EU Citizen, Other.

    The application page claims that it is "optional information", but if you attempt to submit an application without filling this out, it gives an error, directing you to fill out the missing information. So, the information is actually mandatory.

    My understanding (from here: http://www.eeoc.gov/laws/practices/inquiries_citizenship.cfm) is that this is not allowed. In particular "Employers should not ask whether or not a job applicant is a United States citizen before making an offer of employment."

    I understand that this is most likely an error on their part (in other words, they are probably just not verifying the information properly before submitting it) but, the fact remain, I cannot apply for this job without answering that question, which I should not be forced to do. In the back of my mind, there is still the possibility (however slim) that they may be discriminating based on this information. I'm not really sure what I should do, though.
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It depends on the unique circumstances. Some jobs require U.S. citizenship. If the employer is advertising for many different jobs, this could be the reason for the question. Most likely, however, they are asking an improper question. If it concerns you, contact the Department of Justice, Office of Special Counsel.

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