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Are Immigrants Protected Against Employment Discrimination?

06/26/07

Various laws protect immigrants from employment discrimination. The Immigration Reform and Control Act contains an amendment that bars unfair immigrant-related employment practices. Who Must Comply?
If an employer has at least 4 employees, it must comply with the immigration anti-discrimination laws. Essentially, an employer is not permitted to discriminate against persons on the basis of national origin. This includes discrimination related to hiring and firing. Standards for Liability
Many employers may be reluctant to hire someone merely because the person appears to be "foreign" either by physical appearance or by having a thick accent. The standard for employer liability under the immigration laws is somewhat higher than that of the federal civil rights laws (Title VII). Typically, the employer's violation must be intentional. Not Just Aliens
A person who has been discriminated against based upon national origin, however, does not necessarily have to be an alien. Unlawful discrimination may occur on the basis of national origin despite the fact that the person is a U.S. citizen. However, the immigration anti-discrimination laws protect aliens who are permanent residents, or are who lawfully in the United States. For the most part, illegal aliens are not protected. The Process
If employment is denied, the employee must show:

• That he/she falls within a class of persons protected under the applicable laws, such as national origin
• That he or she is qualified for the position

• A legitimate reason why another person was selected for the position

• That in reality the employer's reason for hiring the other person was really not a legitimate reason

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