The Immigration and Nationality Act (INA) prohibits employers from discriminating against individuals based on their citizenship or immigration status, or their national origin, during the hiring, firing, or recruiting processes. Employers should develop, implement, and enforce nondiscrimination policies, practices, and procedures, and ensure that all employees (and their authorized representatives, such as those completing Form I-9 or creating E-Verify cases on their behalf) understand the rules. Employers should also provide them with adequate training on employer responsibilities and worker rights.
An employer cannot discriminate when:
- Announcing a job;
- Taking applications;
- Performing interviews;
- Making job offers;
- Verifying an individual's authorization to work;
- Hiring an individual; or
- Terminating an individual's employment.
Employers also cannot retaliate against a person who:
- Files a charge of discrimination;
- Participates in an investigation or prosecution of a discrimination complaint; or
- Asserts their rights or the rights of another person under anti-discrimination laws
If you think you have been discriminated against based on your immigration status, contact Moosbrugger Law for a free consultation.