The Rule on Ruling out Foreign Applicants

By Miklave, Matthew T.; Trafimow, A. Jonathan | Workforce, January 2003 | Go to article overview

The Rule on Ruling out Foreign Applicants


Miklave, Matthew T., Trafimow, A. Jonathan, Workforce


Legal Insight

Legal Posts

Q: If an employer has two equally qualified applicants, one of whom is a foreign national, can the employer make a decision not to hire the foreign national because of the costs involved in obtaining licenses, etc., without risking issues of discrimination?

A: An employer may make a business decision not to take on additional costs by deciding to hire the less expensive candidate, but we do not think it is as easy as just saying, "No visas sponsored here." For example, what happens if the U.S. worker demands a higher starting salary than the foreign worker? If so, we think your cost-savings argument goes right out the window.

Here is our speech: "Prejudice" comes from two words-"pre" meaning before the fact and "judge" as in making a judgment about someone. (We're making this up, but you get the point.) What all discrimination laws have in common (and what juries really, really catch on to) is an attempt to eliminate pre-judgment. To assume that the foreign worker is more costly because of "licensing" and so on is to judge the foreign worker before you get the facts. Aside from whether it is "right" or not (as in moral or ethical or the like), it might lead to a lawsuit.

In our view, each candidate should be judged on his or her qualifications. If the candidate does not have the "license" or does not meet some other requirement, then the employer may lawfully (and defensibly) refuse to make that applicant an offer. If the applicant gets and accepts an offer, and does not have 1-9 documentation, then the employer must terminate the employee. (That is the law.) If the applicant lets you know after being hired that his or her status is one that requires a sponsor, then you can decide not to be that sponsor. The law does not require you to become one, and the financial obligations of some visa classifications (return transportation and expenses to the country of origin) are a perfectly good reason to decline to become a sponsor.

We would not advertise that the employer excludes certain applicants just because of the type of visa they are working under.

Secrets about Employee Leave

Q: I have an employee who is currently out on leave and did not want to disclose the details of her leave to her supervisor.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

The Rule on Ruling out Foreign Applicants
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.