Is an employer allowed to ask if you're a U.S. citizen?

[Sabayon65]

I know they can't ask questions about an applicant’s race or ethnic origin (like what country are you from). I know they can't ask if you're married or single, or about orientation. You also aren't supposed to ask about religion.

At a recent interview the interviewer asked if I was an American citizen not once but three times. The job posting didn't say anything about being required to be a US citizen. If I don't get the job do I have a recourse to file a discrimination complaint?

[earthside]

1. I hope so.

The other relevant question, if a person is not a citizen, would be if that person is here legally.

[dmallind]

2. Usually not quite is the answer

They not only can but must ask you to prove you are legally eligible to work here, but not at the interview stage.

Some jobs are citizen-only such as most police departments and those requiring access to sensitive information like government contractors. If the company sold things to the DoD. even if you did not require a security clearance, some relatively innocuous communication is citizen-only.

Here's a good link.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=439a7f5c13f2e210VgnVCM100000082ca60aRCRD&vgnextchannel=439a7f5c13f2e210VgnVCM100000082ca60aRCRD

BTW how did you respond?

In any event I suspect a lawsuit is a nonstarter without more overt bias. I've been asked that question myself in interviews and it's possible they asked everyone.

[Sabayon65]

3. I told them I was a citizen.

I told them I was a citizen. I was born here and have never set for on the soil of any foreign country besides Canada. And that was on a school field trip, back in the day when you could basically walk across on foot.

I can understand them needing to make sure all people are here legally, and asking once would have been fine. Two times, might not have been that suspicious, but three times in the space of a 30 minute interview was kind of pushing it in my opinion.

[dmallind]

4. It's certainly weird yes. Would it be too personal to ask why they might have?

Do you look or sound unusual for where you live? If so and they obly DID ask you thet might make a claim more feasible, but still think it's a stretch. IANAL btw, but a many-times interviewer and -ee with relevant rules sedulously drilled into me by more scrupulous employers than your example may be.

[Sabayon65]

5. I have a hyphenated/foreign sounding last name.

Then again, there are a lot of Latino people in my neighborhood as well. The company However, I am not Latino, and neither of my names is of Spanish origin (one is Central/East European, the other is East Asian).

[dmallind]

8. Hmm. If you could somehow find out if they asked others the same q

It would be very interesting and certainly make at least some avenues possible if they did not.

[EgaLitE]

6. It's not discrimination just because you didn't get the job

It sounds like you belong to two of the most privileged groups in the country, maybe more if you're a heterosexual male. Maybe you're just upset that you didn't get the job, but there's no reason for this to be called discrimination. Also, it wouldn't be right to assume that Latinos aren't citizens, or to not believe them if they said that they were.

[Sabayon65]

7. I never said it was

So it's not right to assume that Latinos aren't citizens, but it's fine to ask anyone else not just once, but multiple times (implying disbelief), if he's a citizen?

Look, maybe I just rubbed the guy the wrong way, or he didn't like the looks of me, and he was trying to egg me on. This kind of thing can happen and it might not have necessarily been racism. But it's not out of the stretch to think that some people might still dislike "ethnic" white people like Poles or Italians, or that they might equally dislike people of East Asian descent.

[Bradical79]

9. Thought that was on all applications

I was thinking all job applications have a section on your legal status in the U.S. Seems odd to ask that during a face to face interview. But there's nothing discriminatory about it (at least in a way that could lead to legal issues). They have to know at some point before they hire you. If you answered the question consistent with info you'd already given them, and they kept harrasing you over it, then I could see that possibly being a discrimination issue.

[Sabayon65]

10. For jobs in my field, you apply directly to a manager or HR and send in a resume.

Then you hope for the best. My resume does say that I'm a US citizen very clearly, under the "other information" section. In any case, it is not a job where you are required to be a U.S. citizen - you only need to be eligible to work in the United States. They already had the information beforehand as well, and at no point did I say I wasn't a U.S. citizen.

[The empressof all]

11. They have a right to ask if you are legally able to work in the US

I'm not sure you would have any luck in proving a discrimination claim unless it was specifically stated in writing that they only hire US citizens. I think that would be questionable in court but not sure.

[Paulie]

12. I9 form

http://en.m.wikipedia.org/wiki/I-9_(form)

[Somewhereinbetween]

13. They can

They are permitted to ask if you are a citizen... But I think they way over did it! I can not imagine why they would ask three times unless they have a very bad memory........ I was once asked several times about my age because at the time I was 18 but looked 14 so the employer was concerned about child labor laws.... But once you said you were a citizen they should have left it.....