Can Employers Ask for Proof of Residency in the U.S.?

In the United States, employers have the right to request proof of residency from new hires. This is primarily because they must verify that the new employee is legally allowed to work in the country, which is often what is meant by 'proof of residency.'

Legal Requirements and Compliance

Employers must ensure that their new hires have the right to work in the United States. Failure to do so can result in legal penalties. Additionally, asking for an address is not considered a protected classification and therefore, employers can legally request it. This is often required for tax purposes and to ensure the new employee's whereabouts are known.

Historical and Contemporary Examples

Some specific jobs, primarily government roles, often required employees to reside within the area they serve. For instance, when the author lived in Wilkes-Barre, PA, police officers and firefighters had to reside in the city. Although this requirement is less common today, it could still be applicable in some cases.

Ideal Reasons for Verification

The primary reasons for verifying residency include:

Ensuring the employee is eligible to work legally. Facilitating tax compliance. Ensuring the employee's address is reliable.

Controversial Aspects and Legal Precedents

While employers have the right to request residency verification, this can be controversial. It has been argued that such practices can exclude homeless individuals, couch surfers, and others who may not have a permanent home address. However, numerous legal cases in California have upheld the legality of such requirements.

Legal Case Examples

A notable example is a case involving an employer who required their employees to live in the state, which resulted in several plaintiffs attempting to have this requirement dismissed. However, these claims were unsuccessful in court.

Specific Requirements in Employment

One former employer’s hiring requirements included:

Ownership of a lease or mortgage. Living with a parent or legal guardian. Marrying or being a registered domestic partner of someone with a lease.

These stringent measures aimed to exclude individuals without a stable address, such as the homeless or couch surfers. Although these requirements are harsh, they remain legally valid in the U.S.

In summary, while employers have the legal right to request proof of residency, they must be mindful of their actions. Legal frameworks and precedents support these requirements, though they are often subject to debate in terms of their fairness and inclusivity.