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Immigration Information

NeedCoffeeNeedCoffee 595 Posts
in HR & Employment Law Vote Up0Vote Down
I need some help from you guys on this one...

My boss wants a list of all employees that are either on a work visa or are resident aliens. He wants this information because he would like to offer those employees assistance/information/resources for applying for citizenship.

I understand his motives are kind and arise out of a genuine wish to help them, but my gut tells me I'm not supposed to give him this information - wouldn't this be a sort of discrimination on basis of national origin if we single these people out for citizenship information? As I am the entire HR department, I am the only one who knows their citizenship status, and the information is kept under lock and key. Am I violating any laws (Civil Rights Act, Title VII, etc) by sharing this information, and more importantly, by offering help to our non-citizen employees?

Looking to avoid the hot water.......
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Comments

  • 5 Comments sorted by Votes Date Added
  • SMaceSMace 1,481 Posts
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    Nobody is biting. I'll try to help.

    Bad idea. You can place the information in the breakroom or mailroom and anyone who wants it can get it. He/she doesn't need to know anything else.

    If they insist, I don't believe you are breaking the law. You may break the law if the boss uses the info to discriminate. Just let them know if the crap hits the fan (national origin discrimination charge), them having the info will make it harder for you to defend. I would put that in writing.

    Somebody sounds like a control freak.
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  • TotoToto 86 Posts
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    This is not a legal opinion... but I would think that when someone overseeing the HR function demands to see employee information they assume the same due diligence in protecting the disclosure of certain info and also liability to the company. It can also be difficult to maintain a harmonious relationship with your boss if you imply they can’t access certain info you have and there are no laws or company policy to support you in not providing it.
    Here is a different approach. Since you believe his motives are sincere perhaps if you take the approach that his idea, while well meaning, could expose the company in a future legal action. Just one example: You are trying to discipline employees or having a RIF effecting those who got the information. An attorney could imply a connection and even if you win there is the additional cost of defending that claim. He should understand it is not worth the risk.
    How about just putting up posters in English and Espanol where those employees could get additional information. That way you are not targeting anyone and you accomplish the boss’ objective without the exposure. Could that win points for you with your boss?
    P.S. “Resident aliens” can be a hot button issue, so be prepared to address any backlash from a disgruntled employee trying to stir things up.
    Best of luck and let me know if this helps.
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  • POTATOPOTATO 44 Posts
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    My "opinion" based upon experience...those who want to become citizens already know how and are working on it. Those who don't want to or can't will probably read between the imaginary lines and BELIEVE that your attempt to target and inform is really an attempt to weed the garden.

    While your boss may only have good intentions, few people are willing to believe that and will assume only the worst ESPECIALLY if the worst happens to them i.e. termination/RIF. Don't be put in a position of exposure...keep information that "should be" confidential - confidential. Don't let any "targeted" communication become a weapon of mass destruction to your company.

    If this is something management feels very strong about, just post the information so the ENTIRE company can view so your not targeting anyone in particular...just dispensing information.
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  • NeedCoffeeNeedCoffee 595 Posts
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    Thanks for all the input, everyone! I completely agree, but you know how sometimes you just need someone else to confirm your suspicions! Hopefully my boss will understand.
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  • Open1Open1 155 Posts
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    In case this helps, just brainstorming, you might compose a letter from the president for "all employees concerned about their ability to continue employment in the US" to be included in paychecks with contact info for a confidential company attorney and/or (charitable) organization that specializes in immigration issues.

    We had a similar situation at my former workplace, and HR contacted and confidentially spoke with the affected employees and directed them to the attorney (paid for by the company). Most were advised to marry a US citizen. :-S

    You know best what their status is and what might help the most. I hope you find a better attorney! My point is, the offer to help would be best coming from the "company" than from the president.

    Good luck!

    Signed,
    Very Sad Because I Had to Turn Away Someone with Fake Documents Today x:-(

    P.S. It has been over 2 years and I was hoping to never have to do that again.
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