|
Understanding
Immigration
Laws |
With
immigration to the U.S. on the rise in recent years, your
workplace is probably more diverse. Immigrants can fill a lot
of positions in your company at both the professional and
semi-skilled levels.
However, hiring foreign-born employees
can present some complex issues, particularly in the wake of
the September 11 terrorist attacks, and can result in
complaints to the Equal Employment Opportunity Commission
(EEOC) of illegal bias. In fact, EEOC and state officials
say many workplace discrimination cases go
unreported and they are urging victims to come
forward.
It’s a good idea to
seek professional advice. In the meantime, here are a few
things you should know:
Federal law prohibits you from basing hiring decisions
on a person’s citizenship status. Don't ask
“foreign-sounding” applicants if they are U.S.
citizens. Such questions can be fodder for costly
discrimination complaints. However, you are entitled to ask
all applicants to prove they are authorized to work
in this country.
Non-U.S.citizens have the same workplace rights and
privileges as U.S. citizens. For instance, they are
protected by the Family Medical Leave Act, the Age
Discrimination in Employment Act and the Americans with
Disabilities Act.
Cultural differences between immigrant and native groups
— or even between two immigrant groups — can create tension
in your firm. Make sure that no particular group behaves in
a way that makes another group uncomfortable.
Basically, immigrant employment issues are a lot easier to
handle if you develop policies and standards that govern
workplace behavior.
Schedule some training for your managers and supervisors.
A little foresight can protect your workforce and save you a
bundle in legal fees down the road.
|
Open a World
of Possibilities
Companies incur stiff
penalties when they knowingly hire someone who can't
legally work in the U.S., so many overcompensate by
refusing to
hire anyone who
looks or sounds "foreign." Federal regulators don't much
care for that approach either.
Your best bet is to understand state and federal
anti-discrimination laws. You'll not only stay out of
trouble, but you'll gain access to qualified applicants
that your competitors might not consider.
It's always a good idea to seek legal advice when
considering non-U.S. citizens for employment, but here
are a few pointers:
| Base your decision on whether
applicants are authorized to work — not on
their citizenship or immigration status. Even
refugees and asylum seekers can be eligible for
employment. In fact, it's often illegal to ask
applicants to disclose their immigration
status. |
| Check the expiration date on an
applicant's employment documents. If the
authorization is about to expire, don't panic.
Employment authorization may be
renewable. |
| Accept any document or combination
of documents listed on the back of the federal
Form I-9, which establishes an applicant's
identity and employment eligibility. Don't ask for
additional documents. You also can't specify
the ones you
want. |
| Keep in mind that all applicants
— not just foreigners — should complete
Form I-9. Public-sector employers and most
government contractors also need to ask
applicants to complete the form. Check with your
attorney. |
| Ask the same interview questions
of all applicants so you don't appear to
favor one group over
another. | | |
