Employers may ask about your work authorization during hiring, but they cannot ask about your immigration status or country of origin unless the law specifically requires it. In Washington, state laws offer extra protections that help prevent misuse of immigration-related questions and protect you from unfair treatment.
What you can and cannot be asked in Washington
Employers must confirm that you’re authorized to work in the United States. During hiring, they may ask:
- Do you have legal authorization to work in the United States?
- Will you need sponsorship now or in the future?
- Can you provide documents to verify your work eligibility?
They must ask these questions consistently across all applicants. They cannot single you out based on your appearance, accent or name. Selective questioning may violate anti-discrimination laws.
Washington law adds another layer of protection. The Keep Washington Working Act applies to public agencies and limits the collection and use of immigration-related information. While private employers are not directly regulated by this law, its principles support broader protections against discrimination. Employers should not use your country of origin to make job decisions or collect personal data unrelated to your eligibility to work.
Together, federal and state laws help prevent misuse of immigration-related questions and support fair treatment in the workplace.
When questions become coercive or discriminatory
Employers cross the line when they use immigration status to intimidate or punish workers. Under the Washington Labor Code, it is illegal for employers to threaten job loss based on immigration status. They also cannot withhold wages or benefits or block you from filing complaints. These actions may lead to civil penalties. The law applies to all workers, including those with temporary visas or no legal status.
What to do if you’re unsure
If you feel unsure about a question related to your immigration status, write down what was asked and when it happened. You may also file a complaint with the Washington Department of Labor and Industries. Consider speaking with an employment attorney to understand which of your rights were violated and what your next best course of action is.