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Employing Immigrants
How To Avoid Workplace Discrimination
Steps to Avoid Workplace Discrimination
Let employees choose which
documents to present in order to prove identity and work authorization.
All documents listed on the back of Form I-9 are acceptable, as long as
they appear to be reasonably genuine Treat all people the same when
announcing job openings, taking applications, interviewing applicants,
offering jobs, verifying eligibility to work, and
hiring/firing. Remember that U.S. citizenship
or nationality belongs to all individuals born of a U.S. citizen and
all persons born in Puerto Rico, Guam, the Virgin Islands, Northern
Mariana Islands, American Samoa, and Swains Island. Legal immigrants
receive citizenship after they have completed the naturalization
process. Avoid "citizens only" hiring
policies or requiring that applicants have a particular immigration
status. These practices are illegal in most cases. Give out the same job
information to all applicants at all times, and use the same hiring
procedures for everyone. Base all workplace decisions
about hiring, firing, promotions or discipline on employees' job
performance and/or behavior - not on appearance, accent, name, or
citizenship status.
Speaking English as a Job Requirement
Employers can require their
employees to speak fluent English only when there is a legitimate
business necessity. Employers may not discriminate in hiring based
upon a personal dislike (or a concern for their customers' potential
dislike) of a particular accent.
Employers should not prohibit
their employees from speaking another language during break time or
during work time when safety, efficiency or customer service are not
affected.
Dress Code
Employers may set standards of dress
or appearance in the workplace. However, dress codes should take into
account different racial or ethnic characteristics, and should avoid
setting standards that would deny a job to members of a particular
race, national origin, religion or gender.
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