a manager of a nursing home wants to be sure not to employ any immigrants who arent authorized to work in the united states the anager proposes that the company only job applicants who are obviously citizens. what is the legal problem with this idea
The legal problem with this idea is that it violates the anti-discrimination provisions of the Immigration and Nationality Act (INA) of the United States. The INA prohibits discrimination based on national origin or citizenship status in employment. Hence, by intentionally choosing to employ only "obviously citizens," the manager may be engaging in discriminatory practices by disregarding qualified and authorized immigrant job applicants. It is essential for employers to consider all applicants based on their qualifications and work authorization, rather than making assumptions based on appearance or other factors related to citizenship.
The legal problem with the manager's idea is that it can potentially violate federal laws prohibiting discrimination based on national origin, which includes discriminating against individuals based on their citizenship or immigration status.
Under the Immigration and Nationality Act (INA), it is illegal for employers to discriminate against individuals based on their citizenship status or national origin. This means that employers cannot make hiring decisions based on whether an applicant is an obvious citizen or not. Instead, employers must follow the laws regarding employment eligibility verification, such as completing Form I-9 and verifying that employees are authorized to work in the United States.
By only hiring individuals who appear to be citizens, the manager is indirectly discriminating against individuals who may be legally authorized to work in the United States but do not have an obviously recognizable citizenship status. This approach disregards the principle of equal opportunity and can lead to potential legal consequences, including fines and lawsuits, if the manager's proposal is implemented.