# Are There Restrictions on Who I Can Hire?

- Link: https://www.lumlawgroup.com/restrictions-can-hire/
- Published: 2018-02-09T16:53:32-08:00
- Author: Albert J Lum

When you want your business to succeed, you need to start by looking at the people
that you employ. These people are the ones who will help you make or break your 
business, so you want to find the best people possible. When hiring new employees,
it can be difficult to make sure that you have the very best candidates possible,
but you also need to make sure you stay within legal requirements. So what are those
legal requirements and does the government care who you hire?

## **Discrimination Law Requirements**

You want to make the best decision when hiring an employee to work at your company,
but the decision-making progress is not just about the “best hire.” You also need
to consider federal law requirements when hiring employees. Under the law, no employer
can discriminate against a person during the hiring and application process. Specifically,
federal law forbids discrimination or retaliation against a potential employee with
regard to race, color, religion, sex, national origin, age, disability, or genetic
information.

## **I-9 Compliance**

You also need to make sure that you are I-9 compliant, or that all of your employees
are authorized to work in the United States. Each employer must ensure that Form
I-9 is completed for all employees whether the person is a U.S. citizen or a foreign
national. I-9 compliance does not keep you from hiring foreign nationals, but it
does make sure that you won’t get in trouble with the government for hiring someone
who can’t legally work here.

## **Prohibited Policies and Practices**

The discrimination laws enforced by the federal government apply to various aspects
of employment practices. The practices include job advertisements, recruitment, 
and application and hiring. Any job advertisements you post internally and externally
cannot discourage people of certain ages or other discriminatory factors from applying
for a job. These same practices also apply to people, who are trying to be hired
by a business through recruitment (such as a college fair) or using a job interview
by the potential employer.

## **Conclusion**

While it may make the hiring process a little more difficult, you need to take all
precautions when hiring an employee and not resort to discriminatory practices. 
You may not mean to discriminate, but if someone can make a case against you, it
doesn’t end well for you. Court litigation, heavy fines, and poor publicity are 
just some penalties that you may suffer. To avoid this, make sure you fill out the
required documentation promptly and eliminate any targeted language. It may take
some effort, but it is worth it.

References:

[Discrimination by Type](https://www.eeoc.gov/laws/types/)

[Types of Workplace Discrimination](https://www.thebalance.com/types-of-employment-discrimination-with-examples-2060914)

[I-9 Verification and Compliance](https://www.jdp.com/services/i-9-employment-verification/)

[Legal Rights During the Hiring Process](http://employment.findlaw.com/hiring-process/legal-rights-during-the-hiring-process.html)

[Avoid Discrimination in Hiring](https://pbl-law.com/6-ways-for-employers-to-avoid-discrimination-in-hiring/)