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Comment by Plasmoid | Hacker News Reader

> Answering "Yes" to 1 when you don't have a green card or US citizenship would be a way to guarantee that I would rescind your offer

This might actually violate EEOC. You would discriminating on the basis on nationality. The question that was asked was "Are you legally authorized to work in the US?" and Canadian have a limited legal right to work in the US under NAFTA.

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> This might actually violate EEOC. You would discriminating on the basis on nationality.

This is laughably incorrect, and a good example of why you should get legal advice from lawyers instead of Internet forums.

EEOC is based on national origin not nationality.

The question is usually understood to mean "on an ongoing basis" and it's essentially lying. The system may not be correct or kind, but I'd have a lot of trouble trusting someone whose response to "the system isn't fair" is "I'll lie to get around it and achieve the outcome I believe is right" enough to hire him.

I could see that, but given that jobs are all at-will it's hard to argue the employer would have any damages for a contract that can be terminated with literally zero notice.

Most employment is at will, but salaried employees usually have specified severance in case of termination for convenience. Misrepresenting qualifications does in fact create a case for damages unless the employee is literally perfect. But civil aside, and ethics aside, it is fraud and could conceivably be prosecuted accordingly.

I personally wouldn't have a lot of faith in the abilities and judgement of someone who doesn't leverage an unfair system to their advantage despite there being basically no downsides to doing so unless im hiring a middle manager to sort through excessive bureaucratic bloat.

They're not allowed to work unless they have TN status. I agree with the OP that replying YES is dishonest.

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