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US Clearance/Citizenship-HELP!!!

kaw413kaw413 16 Posts
in HR & Employment Law Vote Up0Vote Down
In order to obtain most of the positions within our company, you must be able to obtain an US Security Clearance. In order to obtain a clearance, you need to be a US Citizen. Now when it comes to interviewing/hiring, may you state this? It is a BFOQ for certain positions.
I was at an internship fair where 90% of the individuals I spoke with were of forigen nationality. I did not want to ask them if the were US Citizens, but instead received about 200 resumes of which I am unsure I can even use. I don't want to have to spend the time bringing them in and then realizing that they won't be able to work for us.

Is there any way to get around this. I don't want to discriminate, but don't want to spend unnecessary time interviewing candidates that won't be able to work for us.

If anyone has any information/input on this topic can you please let me know.
Thanks.

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Comments

  • 4 Comments sorted by Votes Date Added
  • SystemSystem 5,885 Posts
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    Under the Immigration and Reform Act of 1986 (IRCA) and subsequent related legislation, it is generally improper to require U.S. citizenship as to do so would discriminate against other protected classes, such as lawful permanent residents (green card holders.) As an exception to this general rule, the law does allow for discrimination because of citizenship status (e.g., requiring U.S. citizenship) where it is otherwise required to comply with law, regulation or executive order, or required by federal, state or local government contract, or which the Attorney General determines to be essential for an employer to do business with an agency or department of the federal, state or local government.

    If your requirement is the result of one of the exceptions to the general rule, the U.S. citizenship requirement may be justified.

    Andy Galeziowski
    Ogletree Deakins
    Atlanta Office
    [email]andrew.galeziowski@odnss.com[/email]
    404-870-1833
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  • kaw413kaw413 16 Posts
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    My company is a government contractor and the internship position would be working on a contact that requires a clearance. This intern would be given an intermin clearance-which in order to get-you have to be a us citizen. I assume this would qualify?
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  • SystemSystem 5,885 Posts
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    Yes. In my opinion, that is correct.

    Andy Galeziowski
    Ogletree Deakins
    Atlanta Office
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  • kaw413kaw413 16 Posts
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    Thanks.


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