Can an employment application form trigger a suit? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
It can—if you pry into an applicant’s citizenship status. Avoid questions, such as “What is your citizenship?” “Do you consider yourself a citizen of more than one country?” and “Where were you born?” That’s more than you need to know. Here’s a legally smart example of how to draft your firm’s application form: “Can you, after employment begins, submit verification of your legal right to work in the United States? Proof of citizenship or legal authorization to work will be required upon employment.” On their first day of work, have employees complete Form I-9 to present proof of their right to work in the United States.