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Can I ask a candidate to see their passport?
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Can I ask a candidate to see their passport?
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We are staffing a project for our customer. They have asked us to view the US passport of a candidate. I believe this is illegal, is it?
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Forums » Topic Forums » Legal Forum » Can I ask a candidate to see their passport?
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Re: Can I ask a candidate to see their passport?
posted at 11/15/2011 12:35 PM EST
on Workforce Management
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Posts: 32
First: 10/25/2011 Last: 8/27/2012 |
Depends. Is their a legitimate need for a passport in the job they are being interviewed or considered for? For example, will this person be required to travel to other non-US countries? What is "view" simply verifying that they have one, or something more? |
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Re: Can I ask a candidate to see their passport?
posted at 11/15/2011 12:49 PM EST
on Workforce Management
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Posts: 148
First: 9/29/2011 Last: 12/10/2012 |
I'd definitely ask the "why" question. And I'm not sure exactly what you mean by "staffing" a project for a customer. Are you providing contractors (in which case asking for a passport does seem questionable) or candidates for regular employment (in which case this gets to be a really questionable request)? |
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Re: Can I ask a candidate to see their passport?
posted at 11/15/2011 3:40 PM EST
on Workforce Management
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Posts: 32
First: 10/25/2011 Last: 8/27/2012 |
some jobs may require US citizenship. I suspect you are a governmet contractorbecause of the sub and prime language. I would ask for a copy of the language from the contract...but thats just me. |
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Re: Can I ask a candidate to see their passport?
posted at 11/15/2011 6:40 PM EST
on Workforce Management
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Posts: 148
First: 9/20/2011 Last: 12/12/2012 |
You cannot ask for more information than that required by the I-9 process which determines one's eligibility to work in the US. Eligibility to work in foreign lands is not something that US laws cover. |
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Re: Can I ask a candidate to see their passport?
posted at 11/15/2011 8:01 PM EST
on Workforce Management
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Posts: 32
First: 10/25/2011 Last: 8/27/2012 |
howard7 under ITAR a requirement that only a US citizen or permanent resident alien work in certain areas can be a legitimate requirement for the position. Admittedly you cannot ask for documentation beyond the I9 when the I9 is involved but ITAR sets a different set of criteria that has nothing to do with the I9. |
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Re: Can I ask a candidate to see their passport?
posted at 11/16/2011 9:37 PM EST
on Workforce Management
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Posts: 148
First: 9/20/2011 Last: 12/12/2012 |
In Response to Re: Can I ask a candidate to see their passport?: howard7 under ITAR a requirement that only a US citizen or permanent resident alien work in certain areas can be a legitimate requirement for the position. Admittedly you cannot ask for documentation beyond the I9 when the I9 is involved but ITAR sets a different set of criteria that has nothing to do with the I9. Posted by HRPro My understanding is that the regulations refer to a "US Person" and the applicant can show any proof that shows they are a US Person. That does not default to Passport automatically. So not sure your can require a passport for proof. If in fact you ask for a passport based on your "profiling", could you be guilty of discrimination based on your perceptions of a US Person? |
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Re: Can I ask a candidate to see their passport?
posted at 11/17/2011 4:24 PM EST
on Workforce Management
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Posts: 32
First: 10/25/2011 Last: 8/27/2012 |
In Response to Re: Can I ask a candidate to see their passport?: In Response to Re: Can I ask a candidate to see their passport? : My understanding is that the regulations refer to a "US Person" and the applicant can show any proof that shows they are a US Person. That does not default to Passport automatically. So not sure your can require a passport for proof. If in fact you ask for a passport based on your "profiling", could you be guilty of discrimination based on your perceptions of a US Person? Posted by howard7 Absolutely Howard and i was not implying that the passport could be specifically asked for and if not presented employment denied. Proof of US citizenship, naturalization or permanent residence can be required under ITAR for certain sensitive areas. A passport is but one method of proving that status. Regardless if the area of work is declared a sensitive area under ITAR, employment in that particular area can be legally denied if one is not a citizen or permanent resident alien. That has nothing to do with profiling and everything to do with complying with federal law. ITAR is normally not something that someone unfamiliar withg the law and its application should try and interpret. There are plaenty of good quality ITAR experts, including legal counsel, that should be involved. |
Forums » Topic Forums » Legal Forum » Can I ask a candidate to see their passport?
