Interviewers Cannot Ask You About Immigration Status

On Behalf of | Sep 17, 2010 | Employee Rights

In an earlier post, we discussed a few questions that may seem innocent enough if you’re asked them in an interview, but that employers are actually prohibited from asking. Questions about pregnancy or marriage may seem okay in a more casual setting, but we told you in an earlier post that you have the right not to answer questions like these because an employer is not allowed to make employment decisions or discriminate against you based on your answer.

You may be eager to please a potential employer because of the difficult job market, but you should still look after your rights as an employee or job seeker. Another question that an employer cannot ask has to do with your immigration status.

An employer cannot ask you if you are a U.S. citizen. Employers or potential employers are allowed to ask whether you are legally authorized to work in the U.S., but not whether you are a citizen of the U.S.

The Immigration Reform and Control Act of 1986 (IRCA) made it illegal for an employer to use a potential employee’s immigration status against them when making hiring decisions. Employers must wait until after offering a job to an employee to verify their employment eligibility.



8 Things Employers Aren’t Allowed to Ask You (San Francisco Chronicle)


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