Gov't Contractors - HELP
HRCalico
582 Posts
We manufacture a number of parts that end up under the Dept of Defense. They have some funny requirements - to gain access to one web site where specifications and the like can be found, I have to certify CITIZENSHIP for employees who need log in IDs and etc. An acrynom being thrown around is ITAR - someting about international trade and arms or something.
We are now looking at hiring an Asian fellow for production. I do not know his citizenship status (of course I didn't ask!); he graduated from a high school in Montana and went to a tech school in California. He has 20 years or so of work history since. I am not concerned about the I-9 because that takes care of itself; it's the DoD side of it.
To give an example, there could be a requirement that a foreign national could not have access to the specs. Without access to the specs, we would not be able to train them to the Quality requirements we have. Which means there isn't much point in their working here.
My plan is to try and figure out if we can hire someone who is not a citizen, although no one seems to know the answer. If citizenship is required, I would extend the offer and indicate at that time that the offer is contingent upon citizenship and provide a brief explanation of the circumstances.
If citizenship is not required, I would have wasted all this time chasing my tail. :>) Anyway, am I handling this appropriately? I feel like I have the EEOC and the DoD both waiting with a baseball bat for me to make one misstep! :-S
We are now looking at hiring an Asian fellow for production. I do not know his citizenship status (of course I didn't ask!); he graduated from a high school in Montana and went to a tech school in California. He has 20 years or so of work history since. I am not concerned about the I-9 because that takes care of itself; it's the DoD side of it.
To give an example, there could be a requirement that a foreign national could not have access to the specs. Without access to the specs, we would not be able to train them to the Quality requirements we have. Which means there isn't much point in their working here.
My plan is to try and figure out if we can hire someone who is not a citizen, although no one seems to know the answer. If citizenship is required, I would extend the offer and indicate at that time that the offer is contingent upon citizenship and provide a brief explanation of the circumstances.
If citizenship is not required, I would have wasted all this time chasing my tail. :>) Anyway, am I handling this appropriately? I feel like I have the EEOC and the DoD both waiting with a baseball bat for me to make one misstep! :-S
Comments
But first, I think you need to find out about whether or not citizenship is required. Does your co. have a DOD liaison you can run this by? As you said, you may be chasing your tail for no good reason.
Unless/until I knew that citizenship was absolutely a requirement to hold that particular position, I would be reluctant to extend an offer to a candidate based upon providing satisfactory proof of US citizenship. You might be facing EEOC's bat instead of DOD's, but it's still a bat.
In order to hire a non-U.S. citizen we would have to obtain "export authorization" for him. This would have to be obtained prior to him working, and it is usually something granted for a specific assignment rather than for a general approval. This authorization is difficult and costly and unless a U.S. citizen couldn't do this work this contact would not advise attempting it. However, if this person has a Green Card, or has applied for citizenship than that would exempt him from needing "export authorization". She says we should be able to find this out prior to his hiring.
So, I am sticking with my original plan (offer the job and explain circumstances, then ask his status), and considering adding it to my application so we know up front. I may put an anonymous call into my local friendly EEOC office and make sure, though.
The EEOC has not called me back yet. Because I hate to lose potentially good employees by waiting too long to make them an offer, I took a deep breath and made the call to the applicant.
I began by offering him the job and provided the details (wage, schedule, etc.). I then said that there is a contingency on the offer, that because we are a defense contractor, we have regulations that apply regarding the citizenship status of our employees. I then asked for his citizenship status. He replied "USA citizen!" So all that worrying for nothing.
The vast majority of my applicants were born within 50 miles of here, so this doesn't come up very often. Nebraska's immigrant population is growing by leaps and bounds but we haven't seen much diversity where I am.
Oh, and I relayed the analogy above regarding the bat on either side of me to my quality manager and he said OH NO! The DoD has some fighter jets that we make parts for in a holding pattern - they don't jack around with bats! :>)
So thanks all for the advice, most was right on - find out and then worry.
The F-15s flying CAP over your facility have RTBd with a full load of Louisville Sluggers hanging from their missile racks.
The EEOC is still trying to figure out how to hold this against you.
The DOD is saying, "What? We're getting our parts, aren't we?"