Many people immigrate to the U.S. in search of a better future, specifically, better job opportunities. Unfortunately, discrimination in the workplace can affect immigrants. Federal law protects immigrants from discrimination in the hiring process.
How are immigrants protected in the workplace?
Under the Immigration and Nationality Act, employers are prohibited from discriminating against workers based on their citizenship or immigration status. This means employers are prohibited from discriminating against immigrants in job announcements, taking applications, interviewing applicants, making job offers verifying authorization to work, hiring a worker and firing a worker. Employers also cannot retaliate against a worker who files a charge of discrimination, participates in an investigation or asserts their rights under anti-discrimination laws.
How can discrimination against immigrants be prevented?
Employers who are presented with documentation from an employee that reasonably appears to be genuine. Employers are prohibited from requesting to see employment authorization papers before an immigrant accepts a job, refusing to accept a document or hire an immigrant just because their documentation will expire or refuse to accept a valid receipt.
Learn more about immigration law
The crossroads of immigration law and employment law can be complex. It is important that immigrants understand their rights, both under U.S. employment law and U.S. immigration law. This post is for educational purposes only and does not contain legal advice. Our firm’s webpage on employment discrimination may be a good starting point for those who want to learn more about this topic.