Walker Morton LLP - Business Law Attorney

Built on Relationships and Integrity

Immigration status and employment can be tough to balance

One of the ways that Chicago businesses find success is through the acquisition and retention of strong employees. It can difficult to build a cohesive and formidable team of workers, but once it is done an entity may function with seamless organization. Getting the right people in the right jobs starts during the hiring process.

Great workers come from all backgrounds and places, and sometimes employers seek to hire individuals who are not U.S. citizens. When confronting questions of immigration and national origin, it is important that employers know what they can and cannot do with regard to hiring. This post should not be read as legal advice and all legal questions about immigration and employment should be directed to employment lawyers.

Eligibility to work verifications

When an employer has located a good candidate for a position, they may offer the individual a job. If accepted, that individual must fill out an I-9 form to demonstrate their eligibility to work in the United States. Eligibility may be based on citizenship or other immigration statuses like visas.

During this process, the employer may learn more about their prospective hire’s background and nation of origin. While the employer may verify the individual’s right to work in the country, they may not use the information they learn to discriminate against the individual.

Discrimination in the workplace

Unfortunately, workers face discrimination based on many different classifications. One of those classification is nation of origin. Title VII of the Civil Rights Act of 1964 bars this form of discrimination from American places of employment.

As readers may see, balancing the hiring of immigrant workers, ensuring their eligibility, and avoiding discrimination against them due to their classification can be difficult. Whenever employment questions arise in the context of immigration, it is important that employers seek help to protect themselves and their employees under the law.

 

badge-LawyersOfDistinction
badge-LawyersOfDistinction
badge-leading-lawyers
badge-leading-lawyers
badge-super-lawyers
badge-super-lawyers
Premier Lawyers Of America
Premier Lawyers Of America