Timeline for Is it legal for an employer to ask a potential hire about his foreign citizenships?
Current License: CC BY-SA 3.0
11 events
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| Nov 6, 2017 at 17:12 | comment | added | ohwilleke | @phoog The answer absolutely could be different in different jurisdictions. Indeed, it almost certainly is different. | |
| Nov 6, 2017 at 17:10 | comment | added | phoog | @ohwilleke Thanks; that makes sense. Is this prima facie inference established by court precedent? If so, then the analysis would obviously be different for different jurisdictions (for example, Australia). | |
| Nov 6, 2017 at 16:23 | comment | added | ohwilleke | @phoog Asking the question gives rise to the prima facie inference of discrimination, and of course, no one sues when there is no adverse action. There are rare circumstances when it might be a bona fide qualification (e.g. cases where a security clearance is required or where international travel to a particular country was necessary), but in the vast majority of cases it would not be relevant. | |
| Nov 6, 2017 at 16:06 | comment | added | phoog | @ohwilleke it wouldn't be discrimination if the hiring decision were made without reference to the information, would it? What if the dual nationality gave the prospective employee an advantage in performing the job (for example saving on visa fees for a job that requires spending half of the employee's time in each of two countries)? | |
| Nov 6, 2017 at 15:09 | comment | added | ohwilleke | @DaleM The question is basically asking about someone with dual citizenship and asking about a secondary citizenship. For example, someone who has both Australian and Israeli citizenship. It is hard to see how that wouldn't be national origin discrimination in almost every context. | |
| Nov 6, 2017 at 4:38 | comment | added | phoog | @CodyBugstein that aspect of your question is reflected only in the title, not in the body. | |
| Nov 6, 2017 at 4:02 | comment | added | CodyBugstein | @DaleM I don't think you understand my question. I'm asking if it's alright to ask about other nationalities, not relevant to the work status | |
| Nov 6, 2017 at 3:53 | comment | added | phoog | "Asking is not illegal - discriminating based on the answer is": fair enough, but defending against a discrimination suit can be expensive. If you don't ask, the unsuccessful prospective employee has less justification for a suit. But as you correctly note, that still doesn't mean that it's illegal to ask. | |
| Nov 6, 2017 at 3:23 | comment | added | Dale M♦ | @phoog sure, but asking "Are you Australian?" leads to way less confusion than asking "Do you have a legal right to work in Australia?" Asking is not illegal - discriminating based on the answer is. | |
| Nov 6, 2017 at 3:18 | comment | added | phoog | In the US, in general, discrimination based on national origin is forbidden by federal employment law, so prospective employers should be asking about work authorization rather than nationality. Many aliens are authorized to work in the US. Logically, the same would apply in Australia and New Zealand: they don't need to ask about your citizenship; they only need to ask about whether you're authorized to work. | |
| Nov 6, 2017 at 1:55 | history | answered | Dale M♦ | CC BY-SA 3.0 |