RSS FeedWhat Questions Can Recruiters Legally Ask International Physician Candidates?
10 August 2010Many recruiters often ask us about interviewing international physician candidates. Physician recruiters and hospital executives must be careful not to ask any questions in the interview process that could be potentially discriminatory. Could you be asking illegal questions in your interview when talking to international candidates? Several laws protect international candidates, including physicians, from discrimination, and therefore you are legally restricted from asking certain questions about their origin. So, if you are interviewing an international physician, what questions are you allowed to ask? Legally, you’re allowed to ask about their work status, as this would be a condition of the candidate’s legal employment.
According to an article on Lexology.com, by Gregory Adams of Dinsmore & Shohl legal office, recruiters can ask the following two questions legally, as they are considered “safe” and non-discriminatory:
1. Are you legally authorized to work in the United States?
2. Will you now or in the future require sponsorship for employment visa status?
Furthermore, Adams states that the government’s Office of Special Counsel (OSC) for Immigration-Related Employment Practices has recently loosened up its restrictions to include a (slightly) more detailed question:
“Will you now or in the future require sponsorship for an immigration-related employment benefit?”
This question encompasses H1-B, O-1, and E-3. For more information, read the full article or contact a lawyer specializing in immigration law and/or employment law.
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