Dad2three
Gold Member
Hey dummy what year is it right now?No dumb fuck you are not do you reading comprehension problems?Federal law prohibits asking the question are you a legal citizen in interviewing a prospective emloyee. I know this because I am hiring at my store and they don't allow us to ask. This is how they get around thier big money backers being able to hire more illegals. Progressives are underhandedActually, you don't get it. But I understand, you're not a very bright bulb.
I have no problem with E-verify! I've told you repeatedly in the past 5-6 posts that I am all FOR mandatory E-verify! I don't have any problem with punishing "job creators" for illegal aliens! If you are knowingly hiring illegal aliens you need to be punished harshly and severely... and in such a manner that is a clear deterrent. We're at a crucial sticking point on this knowing and unknowing thing... and I am trying to get some clarification from you but you keep indicating one thing then dodging a direct answer to my questions.
If we are going to hold employers accountable for unknowingly hiring illegals then we need to define the parameters by which they can use personal judgement in making an informed decision. You seem to think they can actively discriminate on the basis of whether someone can speak English and I am asking you to clarify if that's what you think the policy should be? So... if we passed a law that you must be able to speak English to be hired in America... you'd be okay with that?
Then, I have some further questions about your policy idea... If we can apply this to employers, can we also apply this to law enforcement? If the cops encounter a Mexican who can't speak English, can they assume he is an illegal alien and deport him?
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BUT YOU ARE ALLOWED TO ASK IF THEY HAVE A LEGAL RIGHT TO WORK IN THE US!!!
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As discussed on our Labor & Employment Law Perspectives Blog on March 12, 2012, it is a best practice to ask job applicants about their ability to work legally in the United States. While asking "are you authorized to work lawfully in the United States" is necessary, that question may not generate sufficient information. Some employers may not wish to commence ("sponsor") an employment-based immigration case in order to fill the open position. Such employers may be frustrated when they learn only after hiring a candidate that he requires an H-1B case or other employment-based immigration case in order to work lawfully.Employers may avoid this surprise by asking a follow up question:
Are you authorized to work lawfully in the United States for [insert company name]? _____ Yes _____ No
Will you now or in the future require [insert company name] to commence ("sponsor") an immigration case in order to employ you (for example, H-1B or other employment-based immigration case)? This is sometimes called "sponsorship" for an employment-based visa status.
_____ Yes _____ No
The Department of Justice's Office of Special Counsel (OSC) enforces the antidiscrimination provisions of the I-9 employment eligibility verification law, and the OSC has confirmed that employers may ask questions similar to the two stated above. See OSC Technical Assistance Letter (Sept. 27, 2010), at pg. 2 (confirming that a company "may ask candidates for the position whether they will require sponsorship for a visa") . If, however, an employer asks the second question, it should do so for all job applicants.
An employer has no legal obligation to commence an immigration case. Therefore, if the job applicant answers "yes" to the second question, the employer need not consider the applicant further. The employer may lawfully reject the job applicant because, if hired, that individual will ask the employer to take steps before the federal government to obtain authorization to employ him (an employment-based immigration case). This situation differs from one in which a job applicant has temporary work authorization that is independent of the employer and the applicant does not ask the employer to take on the legal obligation of an immigration case in order to employ him. The employer should not reject the job applicant simply because he has temporary work authorization. As stated on the Form I-9 instructions, "refusal to hire an individual because the documents presented have a future expiration date may . . . constitute illegal discrimination."
It is important to understand the reason behind a lawful rejection of the job applicant. Otherwise, the employer may violate the antidiscrimination provisions of immigration and other federal laws.
Finally, if an employer does not wish to commence any employment-based immigration cases, the employer may make that announcement in its recruitment. The OSC has confirmed that an "employer may state in its job postings that it will not sponsor applicants for work visas." OSC Technical Assistance Letter (Sept. 27, 2010), at pg. 2.
Employment Authorization: Ask, But Ask Carefully (Part 2) - Immigration - United States
DUMBFUK
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Can't refute it huh? lol