I could not find any thread that discussed about the Equal Employment Opportunity (EEO) related questions. So I am starting this. I would like to know whether the following situations are considered in violation of EEO regulations? I have visited the EEOC's web site, but could not find any specific answers to these questions, as they are very general in nature.
1. Recruitment of H1B and L1 Visa holders: Is this in violation of EEO regulations? Is there any cap on number of employees with visas in an organization? I know there are a lot of companies that recruit these visa holders to work for them.
2.Recruitment by referral/ word-of-mouth: I assume that a lot of jobs are filled by referral and word-of-mouth advertisements. This may not result in a diverse work group, but does it constitute a violation? For example, in a department there are a lot of employees from a national origin and there are many vacancies in the department to be filled, which are not advertised. The chances of these employees referring their friends or ex-collegues from the same national origin are very high.
Equal Employment Opportunity Employer
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AlwaysIndian
- Posts: 30
- Joined: Sat Jan 20, 2007 7:27 am
Equal Employment Opportunity Employer
Any memeber who can throw some light on these points?
Equal Employment Opportunity Employer
OP,
I am just interpreting this based on information on the EEOC website http://www.eeoc.gov/types/index.html, there is no mention of Immigration/Visa status as a protected criteria.
Also, my understanding of H1-B hiring is that as long as the salary offered meets the DOL guidelines for the locality, they need not even specifically look for a US citizen or Resident. So, the way I see it, they can specifically look for H1-B candidates ONLY!!
Race on the other hand is a different matter. The same link (http://www.eeoc.gov/types/race.html) explicitly states -
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"Examples of potentially unlawful practices include: (1) soliciting applications only from sources in which all or most potential workers are of the same race or color;"
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But I think there could be a higher threshold that needs to be met before they can be sanctioned - one might need to show "intent" on the part of the employer to only use word of mouth as a method to hire candidates of a specific race. But this is just an opinion on my part.
I am just interpreting this based on information on the EEOC website http://www.eeoc.gov/types/index.html, there is no mention of Immigration/Visa status as a protected criteria.
Also, my understanding of H1-B hiring is that as long as the salary offered meets the DOL guidelines for the locality, they need not even specifically look for a US citizen or Resident. So, the way I see it, they can specifically look for H1-B candidates ONLY!!
Race on the other hand is a different matter. The same link (http://www.eeoc.gov/types/race.html) explicitly states -
-------------------------------------------------------
"Examples of potentially unlawful practices include: (1) soliciting applications only from sources in which all or most potential workers are of the same race or color;"
-------------------------------------------------------
But I think there could be a higher threshold that needs to be met before they can be sanctioned - one might need to show "intent" on the part of the employer to only use word of mouth as a method to hire candidates of a specific race. But this is just an opinion on my part.
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AlwaysIndian
- Posts: 30
- Joined: Sat Jan 20, 2007 7:27 am
Equal Employment Opportunity Employer
anusril,
Thanks for the response. I am also of the same opinion with respect to visa holders. Only when the company files a green card for these visa holders, then the employer has to look for local talent.
There are a lot of companies which have employee referral program in place. This basically works on the word-of-mouth advertising. I know the companies even pay referral bonus to the employees, if some one they referred joins them.
Thanks for the response. I am also of the same opinion with respect to visa holders. Only when the company files a green card for these visa holders, then the employer has to look for local talent.
There are a lot of companies which have employee referral program in place. This basically works on the word-of-mouth advertising. I know the companies even pay referral bonus to the employees, if some one they referred joins them.
Equal Employment Opportunity Employer
AI,
I think Employee Referral Program is a very good mechanism to attract good talent into a company. But if an Employer uses just that to hire new employees, it can be a problem. Usually, they have other mechanisms - recruiters, Ads on website, Ads on Job sites etc. that are used to invite applications.
In the case of the particular employer that you have in mind, do they ONLY use Employee Referral Program for hiring?
I think Employee Referral Program is a very good mechanism to attract good talent into a company. But if an Employer uses just that to hire new employees, it can be a problem. Usually, they have other mechanisms - recruiters, Ads on website, Ads on Job sites etc. that are used to invite applications.
In the case of the particular employer that you have in mind, do they ONLY use Employee Referral Program for hiring?
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AlwaysIndian
- Posts: 30
- Joined: Sat Jan 20, 2007 7:27 am
Equal Employment Opportunity Employer
No, it is one of the programs that they have for recruiting.
Regarding the H1B Visa holders, is there any limit on the number of these visa holders in a company?
Regarding the H1B Visa holders, is there any limit on the number of these visa holders in a company?
Equal Employment Opportunity Employer
#6,
Take a look at this link - http://www.h1base.com/index.php?option=com_content&task=view&id=61&Itemid=3&info=H1B+Visa+Program:H1B+Information+and+Service+Center
in hte para headed - "Additional requirements for H1B dependent employers" where "H1B dependent employer" is defined. The # for employers with > 50 is 15%. If more than 15%, they will need to make additional efforts to hire citizens/residents. They are only required to "attest" that they are making good faith attempts but if they do not have evidence of this, and DOL does take a look at them for whatever reason, they could be penalized.
Take a look at this link - http://www.h1base.com/index.php?option=com_content&task=view&id=61&Itemid=3&info=H1B+Visa+Program:H1B+Information+and+Service+Center
in hte para headed - "Additional requirements for H1B dependent employers" where "H1B dependent employer" is defined. The # for employers with > 50 is 15%. If more than 15%, they will need to make additional efforts to hire citizens/residents. They are only required to "attest" that they are making good faith attempts but if they do not have evidence of this, and DOL does take a look at them for whatever reason, they could be penalized.
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AlwaysIndian
- Posts: 30
- Joined: Sat Jan 20, 2007 7:27 am
Equal Employment Opportunity Employer
anusril,
Thanks for the response.
Thanks for the response.