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Wording of question on application

windjamwindjam 31 Posts
in HR & Employment Law Vote Up0Vote Down
We currently ask "Are you prevented from lawfullly becoming employed in this country because of Visa or Immigration Status? Yes__ No__"
This, in my opinion, is a very poorly worded question as it asks for a backward response. I have looked at other applications and we must have all paid the same attorney! Does anyone have a better worded question?
Also, in reviewing our applications I see that we are asking for the dates of military service - it seems that this should be eliminated - correct?
As a payroll person of 30+ years who has been "delegated" to do a lot of HR - I really appreciate the forum and all it's readers. I've learned a lot.
THANKS
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Comments

  • 9 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
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    I agree with you on both points. I've never seen the employment authorization question worded that particular way. I agree that it's convoluted. If I were filling out that application, I think I'd have to read the question three times myself. Although I'm sure some attorney felt it would force more of an honest response, the only way I've seen it worded is something along the lines of 'Are you legally authorized to work in the United States?' The word 'becoming' in your example seems to be a tremendous loophole. Anyone might 'become'. The question is, can you currently work legally in this country? Not are you prevented from 'becoming'. Sounds like a lawyer wrote that for another lawyer to challenge.

    I also agree that to request dates of military service is to ask 'How old are you?' Although military service may be as important as a prior job, as far as covering the potential gaps in history, there is no valid reason to ask 'when' a person was in the service.

    I suggest you revise both of those application items.
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  • HRICAHRICA 10 Posts
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    Application I use asks a pretty simple but straightforward question:

    AT THE TIME OF EMPLOYMENT, WILL YOU BE ABLE TO SUBMIT VERIFICATION OF YOUR LEGAL RIGHT TO WORK IN THE U.S. ?  YES  NO


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  • Betty I_OBetty I_O 178 Posts
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    We also use a similar phrasing: "If hired, can you provide the documents required to prove that you are authorized to work in the US? __Yes __No."

    As for military service, we do not ask for dates. We ask only what training/experience was received in military service.
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  • Dutch2Dutch2 1,590 Posts
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    Our app. is similar: "Are you legally eligible for employmnet in this country?" With a box to check Yes or No.
    Good Luck,
    Dutch2
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  • HSHS 923 Posts
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    We too had an application very similar to yours in wording. We have since updated and ask very simply, "If hired, can you furnish proof that you are eligible to work in the US? __Yes __No"

    We do not ask the military question on the application, it's part of a post hire survey we send out.

    I would agree with others that have said to update this ASAP.
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  • psrcellopsrcello 260 Posts
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    Our application uses a two-part question to address the first issue:

    Are you a US Citizen? Yes/No
    If "no", do you have the legal right to work in the US? Yes/No

    We do ask for military service, including dates - I may suggest to our corporate gurus that we might want to rethink this question.
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  • Don DDon D 9,834 Posts
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    One playing devil's advocate might ask you why you ask the question, "Are you a U.S. citizen?" What will you do with that information? Unless you work with military contracts that perhaps restrict the employment of non citizens, the devil's advocate would find the question discriminatory, since others are often eligible to work in the U.S. as well, and cannot legally be discriminated against for not being citizens, as long as they are eligible to work.
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  • dmddmd 18 Posts
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    Right on, Don! I do HR consulting for smaller companies in the region, and one of the most frequent suggestions I make is to change the language on their applications, removing the "Are you a US citizen" question. As you said, one needn't be a citizen to lawfully work in this country, and asking the question exposes the employer to some degree of risk and liability.
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  • lukkiesevenlukkieseven 49 Posts
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    Our application states: "Will VISA or Immigration status prevent lawful employment? Yes No"
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