Employee Issue:

Immigrant Employment Discrimination

The Immigration and Nationality Act protects workers from job discrimination based on immigration status. If you have been discriminated against at work because of your citizenship or immigration status, your employer may have violated this federal law. To find out if you can pursue a lawsuit for your employer’s violations, fill out our free case review form to contact an immigration employment discrimination attorney today.

The Immigration and Nationality Act prohibits several forms of job discrimination against immigrants. First, the Act prohibits employers with four or more workers from discriminating against workers based on citizenship or immigration status. This applies to hiring, termination and recruitment. Companies cannot treat workers differently because they are not United States citizens or work-authorized immigrants.

Federal immigrant employment discrimination laws also prohibit job discrimination based on national origin in companies with more than three and less than 15 workers. Employers cannot treat workers differently for any of the following reasons:

  • Native language
  • Accent
  • Country of birth or origin
  • Ancestry

Work-authorized immigrants and United States citizens are protected from job discrimination based on national origin. The Equal Employment Opportunity Commission (EEOC) has jurisdiction over companies with 15 or more workers.

Additionally, employers cannot ask for more or different documents when verifying employment eligibility when this action is based on citizenship status or national origin. Employers are also prohibited, on the basis of citizenship or country of origin, from rejecting documents that are genuine-looking papers.

Lastly, federal immigrant employment discrimination laws protect workers from employer retaliation. In other words, workers who file employment discrimination charges, cooperate with an investigation or otherwise exercise their rights under federal law are protected from retaliation. Examples of employer retaliation include firing or demoting an employee, assigning unfavorable shifts or assignments or administering unfounded discipline.

If you have been discriminated against at work because of your immigration status or national origin, fill out our free case review form on the right. An immigration discrimination lawyer will evaluate your claim, at no cost to you, to determine your eligibility for a lawsuit.

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