EOE Advertising Issue

Giants Junkie · March 2004

Greetings! I am a new "poster" to this site, although I've been reading your insightful and (mostly) professional comments :-) for several months now. I am the Human Resources Manager and EEO Officer for a national heavy civil construction company.

Our Texas Region is struggling with how to screen out applicants who are not legally authorized to work in the United States. Do any of you know of a way to lawfully communicate this in an employment ad? I would appreciate your prompt responses.

Have a great day.

Cinderella · March 2004

Anything you do, I would recommend doing it company wide so that there are no discrimination issues. I would recommend (to any company really, for all positions) a thorough background check process and adding a tag line to your ads such as "All employment offers are contingent upon successful completion of a background check and drug screen" (if you do the latter, which again I would suggest to any company). Then, do the pre screen stuff BEFORE you hire the person. I'm not sure specifically about Texas, but I know we can ask for SSN#'s on applications and background check forms/disclosures here in Oregon and Washington. That way, if the person cannot legally work in the US, their SSN# will come up as not belonging to them.

By the way, welcome to the forum.

Don D · March 2004

[font size="1" color="#FF0000"]LAST EDITED ON 03-23-04 AT 06:43PM (CST)[/font][br][br]Although it's not legal to complete the I-9 form prior to hire, on, for example, applicants, I have an idea for your question as to how you can communicate in an ad that you will hire only persons legally qualified to work in the U.S. How about: "This company hires only persons legally qualified to work in the United States". There's certainly nothing illegal about your stating, posting or advertising your intent to follow the law.

Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)

sonny · March 2004

I think Don's sentence is your answer.

ritaanz · March 2004

Nothing is that easy. If you have an applicant that is not legally authorized to work in the US, what makes you think that a statement in the ad will be a deterrent?

If this individual is creative enough to assemble false documents, why should he worry about a mere sentence in a help wanted ad?

Hey, welcome to the Forum and enjoy the (usually) merriment.

Gillian3 · March 2004

The sentence will eliminate the % who are not creative enough to assemble the documents or who don't want the hassle etc. etc. It will be a deterrent to some, not all.

HRsage · March 2004

Welcome to the forum, Giants Junkie (isn't that a nickname for Barry Bonds? x;-) )

If you can come up with something let us know. Rita said it best. Nothing is really going to keep them from applying if they have false documents. The only thing that might is if you verify their info through a pre-hire background check. You could put that in the ad.

Pork might chime in with his pilot program that he is a part of. Even though his is post hire, his company is now known in his area as a place not to apply if you can't work legally.

Good luck and go ANGELS and DODGERS! (okay not the Dodgers so much, I'm realistic)

Giants Junkie · March 2004

Thanks to all for your insights. I especially liked the "Barry" quip. LOL. My thoughts have been in line with those of you say that for some applicants, there is no deterrant. Additionally, we are part of the pilot program as well, but as you said, that is post-hire, which is how this all came about. Our TX folks have grown weary of hiring people (time, costs, etc.) and then having to terminate them, and start all over again.

I think I'll make the recommendation to them that they use the sentence suggested by Don plus the fact that all applicants are subject to a background check. Keep in mind that these applicants are for laborer and operator positions, so it may not be realistic to do a check on 50+ a week.

Thanks again. Look forward to your future comments.

GJ

ladyzuesse · March 2004

We have this problem in VA at our manufacturing facility. I will interview an individual, and most times offer them the job on the spot - not exactly high requirements here...

At that point I ask for a copy of their social security card for payroll purposes. It's required by our corporate office that names in payroll are exactly like the SSCard. Fakes are relatively easy to spot - if they don't have it with them they have 1 day to bring it to me or report to SSA to get a printout and bring that to me. Normally, they give me a stupid excuse and leave quickly.

And then I interview the next one in line....

It works every time - and I haven't had a non-verifying number in over a year... we had more than I'll admit prior to that. :oo

Tammy

EOE Advertising Issue

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