Is it legal for US companies to refuse to hire non-US citizens who ARE authorized to work in the US?

Question

Is it legal for US companies to refuse to hire non-US citizens who ARE authorized to work in the US?

Answer 1

As an an owner, I can hire whom ever I want to. I will never hire a person who is not a citizen.

Answer 2

jdrose is COMPLETELY WRONG.

It is completely LEGAL to not hire someone because they are not a citizen.  You get no special legal discrimination protections simply because you are ABLE to work here legally.

I can not hire you because you are not a citizen.

I can not hire you because you are 5 foot 3.

I can not hire you because I don't like your name.

I can not hire you because you wore a purple shirt to the interview.

I can not hire you because you are fat.

I can not hire you because you are a smoker.

NONE of this matters legally.

I CANNOT refuse to hire you because you are Latino, or black, or Native American, or Hungarian, or Irish.  THAT would be illegal discrimination.  But I can refuse to hire people ALL DAY LONG for not being citizens...THAT'S JUST FINE, legally.

I cannot refuse to hire someone based on their ethnicity, race, s*x, or age (within certain limits),  these things are considered discrimination.  It is NOT discrimination for an employer to pass on all non-citizens.   PERIOD.

Answer 3

An employer of over 15 people has to follow Title VII

The relevant passage is:

a) It shall be an unlawful employment practice for an employer -

     (1) to fail or refuse to hire or to discharge any individual, or

otherwise to discriminate against any individual with respect to his

compensation, terms, conditions, or privileges of employment, because of

such individual's race, color, religion, s*x, or national origin; or

Some exceptions, like under 15 employees, when the ???? is required to reasonably fulfill the job (churches are not required to hire atheists, etc.) Educational institutes under certain situations, etc.

No where is "national origin" further defined. No where does it state that an employer has to hire non-US citizens, if they reasonable hire people that have a national origin  of that country, but are US citizens.  

Answer 4

Companies/Corporations can do whatever they please.

REALLY

To hire or NOT hire  anyone based on anything  and there is NOTHING that you or I can do about it.

Abolish Corporate personhood!

Answer 5

Obviously it happens but i doubt its legal if thats really the reason they didnt hire him or her. if that happend though they got no evidence the employer would just say they didnt qualify.

Answer 6

Is it legal for US companies to refuse to hire non-US citizens who ARE authorized to work in the US?

NO, if that is the SOLE reason for the decision.

Answer 7

this is most likely illegal, this is pasted directly from the EEOC's manual for enforcement:

Citizenship Requirements

Discrimination based on citizenship violates Title VII's prohibition against national origin discrimination under limited circumstances. While Title VII does not prohibit citizenship discrimination per se, citizenship discrimination does violate Title VII where it has the "purpose or effect" of discriminating on the basis of national origin.(53) For example, a citizenship requirement would be unlawful if it is a "pretext" for national origin discrimination, or if it is part of a wider scheme of national origin discrimination.(54)

http://www.eeoc.gov/policy/docs/national...

Max 1 has the answer which is incorrect..........

although jdrose is not technically 100% accurate for every instance,  makeing employment decissions based solely on citizenship is illegal in most instances. the employer would be hard pressed to prove that the lack of citizenship was not related to the applicants national origin.

Answer 8

you apply for a job and you either get it or not