How to sue recruiters who illegally inquire about work status

Apple
startnator

Go to company page Apple

startnator
Jan 7 50 Comments

Many recruiters ask about citizenship or work authorization. After I say I’m authorized to work, they keep insisting on knowing the actual visa status.

How can we report or sue them?

It’s illegal to discriminate on the basis of your visa or work authorization. They’re only allowed to ask whether you’re authorized to work

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TOP 50 Comments
  • Optum / Eng
    अश्वत्थामा

    Go to company page Optum Eng

    अश्वत्थामा
    Asking visa status != discriminate
    Jan 7 3
  • eBay
    skfurb847

    Go to company page eBay

    skfurb847
    Are you dumb?
    Jan 7 1
  • New
    jo.e

    New

    jo.e
    According to the anti-discrimination provision of the Immigration and Nationality Act (INA), employers can’t discriminate against potential employees based on their immigration or nationality status. Asking which specific types of documents applicants will use to verify eligibility puts you at risk of facing a discrimination lawsuit under the INA.

    So you shouldn’t ask an applicant which documents they have to prove authorization, but you can inquire as to whether or not an applicant will require an H1-B visa, for instance. Be sure to ask the same question to every applicant.

    What You Can Ask
    The US Department of Justice’s Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act.

    The OSC has previously established the following questions are allowable in an interview setting:

    Are you authorized to work lawfully in the United States?
    Will you now, or in the future require [company name] to commence (sponsor) an immigration case in order to employ you (for example, H-1B or other employment-based immigration case)?
    In this way, you can ask if an applicant will need an H1-B visa, without directly asking them which documents they have.
    Jan 7 4
  • Google
    mongoogle

    Go to company page Google

    mongoogle
    It's not illegal. Making a hire/no hire decision based on that after interview would be illegal. Not interviewing you because you they don't sponsor work visa isn't.
    Jan 7 2
  • New
    jokin

    New

    jokin
    Some companies don't sponsor visa or expect head hunters to find candidates with valid work authorization.
    I don't know if that illegal. I may be wrong.
    Jan 7 1