Q: We have a client who wants to know what country our employees are from. The client wants this information for security reasons. Can we ask employees to provide this information, and then can we share it with clients?
A: It generally is not a good idea to ask about an employee’s country of origin or to keep this information in personnel files or share it with third parties.
The only issue employers should be concerned about regarding an employee’s country of origin is whether the employee is authorized to work in the United States and can complete a Form I-9 properly. If you ask about an employee’s country of origin and then take any adverse action against the employee (for example denying a promotion, disciplining the employee, etc.), your actions could be interpreted as targeting the employee because of his background and open your organization to a national origin discrimination claim.
Even when an employer is concerned about the origins for security purposes, a better approach is to conduct thorough background investigations of candidates to determine any actual security risks. A background investigation, including checks of drivers’ licenses, references, and criminal history, should turn up any security risks without implicating the employee’s national origin.
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