Work Authorization, Visa Status, Citizenship Status
In compliance with federal and state law, Boston University does not permit the use of work authorization, visa status, or citizenship data on our online job board, Handshake. This action is in compliance with a Department of Justice determination which reads as follows:
The Immigration and Nationality Act prohibits citizenship status and national origin discrimination with respect to hiring, termination, and recruiting or referring for a fee. 8 U.S.C §1324(a)(1)(B).
Employers may not treat individuals differently because they are, or not, U.S. citizens or work authorized individuals. U.S. citizens, asylees, refugees, recent permanent residents and temporary residents are protected from citizenship status discrimination. Employers may not reject valid employment eligibility documents or require more or different documents on the basis of a person’s national origin or citizenship status.
Any postings which require U.S. citizenship only will be accepted if your organization is required by law, regulation, executive order, or government contract to do so.
More information is available from the Department of Justice.
Posting Unpaid Internships
Employers should satisfy the criteria for acceptable unpaid internships as established by the United States Department of Labor (DOL). Employers and organizations offering unpaid internships may post these opportunities in Handshake provided the posting clearly states the internships are unpaid.
The Fair Labor Standards Act (FLSA) requires for-profit private sector employers to pay all employees at the rate of not less than the current minimum wage. Employers and organizations seeking to post unpaid internships in Handshake must apply the following seven criteria when making the determination not to compensate interns:
- The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee—and vice versa.
- The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions.
- The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.
- The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.
- The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.
- The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.
- The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.
Sources: Fact Sheet #71: Internship Programs Under the Fair Labor Standards Act | U.S. Department of Labor; Unpaid Internships and the Need for Federal Action (National Association of Colleges and Employers)
Third-Party Recruiters
In order for third-party recruiting firms to be approved to recruit at BU, their Handshake profile must clear state that they are a third-party recruiter. Positions posted (in Handshake) by third-party recruiting firms will only be approved if the external client name is disclosed in the job description.
For further details, please refer to NACE’s Principles for Third-Party Recruiters and Handshake’s third-party recruiter guidelines.
Posting Approvals
The Center for Career Development (CCD) reserves the right to decline any internship, job posting, campus recruiting event or company which are not compliant with the BU Center for Career Development’s policies, the NACE Principles, or State/Federal law.
Offer Guidelines
NACE (National Association of Colleges and Employers) has published an advisory opinion that advocates for setting reasonable deadlines for job offers. They note, “Experience shows the best employment decisions for both students and employers are those that are made without pressure and with the greatest amount of information and transparency. Students given sufficient time to attend career fairs, participate in on-campus interviews, and/or complete the interviewing in which they are currently engaged are more likely to make good long-term employment decisions and may be less likely to renege on job acceptances.”
Accepting a job offer is a big step in a student’s career development. They will need time to consult with family members, faculty, and career services staff. We recommend that employers avoid exploding offers and short decision timelines. We suggest an offer decision timeline of 3 weeks, and to grant reasonable requests for extensions.
For more information about fair and equitable recruiting and extending offers, please refer to the NACE advisory.
Cannabis Industry
Although possession and use of marijuana (cannabis) are legal under certain conditions in the Commonwealth of Massachusetts, it is not currently legal under federal law. The Drug Free Schools and Communities Act 1989 (DFSCA) provides, “as a condition of receiving funds or any form of financial assistance under any Federal program, an institution of Higher Education must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs or alcohol by students and employees.” Further, under the DFSCA, institutions of Higher Education must employ “standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of its activities.”
To ensure compliance with federal law, the BU Center for Career Development (CCD) will not promote internship or work opportunities at companies where a student may come into contact with marijuana products (including work with a company’s clients, attendance at marijuana conventions, etc.). Dispensaries (i.e., retail shops), cultivators, or manufacturers of THC-infused edibles are examples of businesses that directly work with marijuana.
Some businesses fall into a gray area, including ancillary businesses (e.g., a grow-light manufacturer), real estate leasing businesses, consumption device, and consulting businesses). Other opportunities may arise with entities focused on compliance, regulation, research, and development within the cannabis industry. CCD will work with the Office of General Counsel on an as-needed basis to ensure compliance with University policy and state and federal law.
Boston University Equal Opportunity/Affirmative Action Policy
Boston University prohibits discrimination against any individual on the basis of race, color, religion, sex, age, national origin, physical or mental disability, sexual orientation, gender identity, genetic information, military service, or because of marital, parental, or veteran status. More information is available from the BU Equal Opportunity Office.
NACE Principles for Professional Practice for Employment Professionals
BU adheres to the NACE’s Principles for Professional Practice and requires that all individuals who participate in recruiting activities abide by these standards.