1. Georgia College (GC) Employment Policy
The Immigration Reform and Control Act of 1986 makes it unlawful to hire, recruit, or refer for a fee, any person who is not authorized to accept employment in the United States. GC established policy is to consider of all applicants for employment -- United States citizens and noncitizens alike -- irrespective of work authorization status at the time of the job application. This GC policy allows it to consider unauthorized applicants, and then to assist them in obtaining appropriate work authorization before beginning their employment.
There is one exception to this GC policy to consider all applicants for employment, for situations where GC needs to hire immediately and cannot risk the delay that may be associated with procuring work authorization. In those instances, GC may for a particular position restrict consideration only to those who already have work authorization. In these instances, GC is then, of course, prohibited from considering or selecting any applicant who does not possess work authorization.
2. Recruitment Inquiries Regarding Work Authorization
Given the GC policy to consider all candidates for employment, regardless of their work authorization status, questions regarding a job applicant’s authorization to work in the United States during a recruitment are irrelevant and can later be the basis for claims of discrimination. They are therefore strongly discouraged.
However, in a recruitment under the exception to the GC policy, GC may ask the following question:
Are you currently authorized to work in the United States?
This is the only acceptable question under the exception. GC must refuse to consider all candidates who respond “no” to this question.