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Initially asking, perhaps. But once the applicant states that she is "legal" and shows documentation, then the employer can't continue to question the applicant about status.
Interesting that Whitman is taken to task for not questioning her housekeeper but Arizona policemen are taken to task for questioning people incident to their having broken laws.
here's a prime difference. What police officer did was illegal. What Whitman could have done is exactly what any other corporations do.
Examples:
ILLEGAL: Are you US citizen?
LEGAL: "Would you be able to provide proof of authorization to work in US?"
ILLEGAL: How long have you lived here?
LEGAL: What is your current location and phone number?
ILLEGAL: Have you ever been arrested?
LEGAL: Have you ever been convicted of -----?