Hello, Liz - I wish you had provided a little more information, but I will make some assumptions and respond accordingly. If my assumptions are incorrect or my answer not understood, would you please re-post with a few more details. First, I'm going to assume that the Department of Defense is not asking its contractors to do anything illegal and is sufficiently accountable for its own standards that it is providing "requirements" rather than mere "guidelines". Second, I really don't understand the issue of "dual" citizenship. Is the issue having citizenship or dual citizenship? Or is the issue simply citizenship, dual or otherwise, of particular country/ies? Is the issue whether a potential hire would be eligible for security clearance in or for the country for which the work is being performed? Is "citizenship" or "dual citizenship" essential to the performance of the job? In the days of COVID-19, is the host country one that might deny entry of a US citizen (of whatever nationality or religion) but would grant entry to a person who had dual citizenship – and could thus obtain a passport – from Sweden, for example. Or is citizenship/dual citizenship merely a proxy for assumed ethnicity or religion? For example, is this work being performed in or for a country that does not recognize Israel? Is that the issue? Like every other employer/contractor a PREFERENCE by a client/customer does not excuse unlawful discrimination. National origin/ethnicity will virtually never be judged a bona fide job qualification. If you cannot get further assistance and direction from DoD, the best course of action – and, frankly, one I recommend for every recruitment – is to advertise with as much information about the job as possible. That is, rather than ASK job seekers to provide citizenship/dual citizenship information about themselves for you to use as a “knock out” question, TELL potential job seekers about the job in such a way that job seekers who are not going to be selected anyway will simply not apply -- that is, they will self-select out. I suspect, for example, that people whose passport was issued by Israel, or who entered Israel while using another current passport are aware that persons using such passports are typically denied entry by some “high risk” countries. I call my recommended job advertisement a "realistic job preview". Because statistically significant differences in selection rates {i.e. “adverse impact”} are most likely to occur with large groups of applicants, the contractor is always best served by 1) not attracting large numbers of job seekers who have no chance of success in the selection process (which has the additional advantage of not wasting its time OR that of the job seekers); and 2) by using its most defensible [i.e. objective, demonstrably job related] selection criteria at the beginning. I always advise contractors to use their MOST defensible, MOST job related "tests", least subjective criteria EARLIEST in the selection process. If the job is that of a Forklift Operator or one that requires a “clean driving record with a commercial driver's license” it makes great sense to evaluate a job seeker's demonstrated ability to operate a forklift BEFORE it evaluates "stable work history", or for the employer to do the license/DMV check BEFORE it interviews to decide if the person is a "team player" or has "good communication skills". Use your clearly job related "knock out" questions first and save those than might be more difficult to defend until later in the process – when the pool of people being evaluated with such criteria is smaller. NOTE: If you have not read on this website any of the articles in the OFCCP Digest on "the law of big numbers", you should do so! To put this in perspective: what is the point of attracting and spending your time on any job seeker who “will only work days, indoors, can't work overtime because I’m taking classes, and am not available until July 15th when I return from my honeymoon” IF THE JOB YOU HAVE is a) on the night shift, b) the work is performed outdoors, c) requires overtime and, d) has a start date of July 1. You DO NOT WANT applications from people who don't have a prayer of being selected for the vacancy you have! A fair and accurate description of "terms and conditions" of the position – one hopes! – will prevent job seekers from applying who are not even going to get past the first hurdle. Similarly, if your advertisement fully describes where the job is going to be performed or for which country; whether the job requires security clearance; whether the job requires/forbids dual citizenship in Country X, Y and Z; whether the person selected must be eligible for a visa to ________, whether fluency in a particular language is necessary or would be a plus, etc., I think it’s reasonable to expect that at least most people who apply will "get it" and you won't have to ask the “dual citizenship” question, if at all, until after you've established "Basic Qualifications" as the OFCCP defines "Internet Applicants" in its regulations.* That will involve a smaller number of applicants “tested” by the “dual citizenship” criterion and less likely to result in statistically significant disparities in selection rates based on CITIZENSHIP. But do understand that if citizenship is simply a proxy for national origin and/or religion, your issue is not going to be the “adverse impact” of citizenship, it’s going to be unlawful TREATMENT on the basis of race, national origin and/or religion. I understand that this is challenging, but keep the focus on the perhaps atypical but nevertheless "essential" aspects of THE JOB. *OFCCP’s definition of “Internet Applicant” can be found at 41 CFR §60-1.3. Try typing this into your browser: https://www.ecfr.gov/cgi-bin/text-idx?SID=a7a58312f95948307903e92b9cb46dd7&mc=true&node=pt41.1.60_61&rgn=div5#se41.1.60_61_13, See also the agency's FAQs at: https://www.dol.gov/agencies/ofccp/faqs/internet-applicants

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