How the Immigration and Nationality Act Protects Against Employment Discrimination

Employment discrimination throughout the country is prohibited by a range of federal laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title I of the Americans with Disabilities Act (ADA), and the Genetic Information Nondiscrimination Act of 2008 (GINA). These are specific federal laws that are designed to protect against discrimination, including in the employment context. Under Florida state law specifically, the Florida Civil Rights Act (FCRA) protects against many forms of employment discrimination that are also prohibited under the federal laws cited above. Yet there are other federal laws that are not generally non-discrimination laws but that have anti-discrimination provisions.

The Immigration and Nationality Act (INA), which governs many facets of immigration law in the United States, has an anti-discrimination provision. What does the anti-discrimination provision in the INA say and how does it function in employment contexts? Our Palm Beach Gardens employment discrimination lawyers can tell you more.

Unfair Immigration-Related Employment Practices Under the INA 

The INA prohibits discrimination based on national origin or citizenship status, and it contains a general rule concerning discrimination in employment:

“It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment because of such individual’s national origin, or in the case of a protected individual.”

What this means in simpler terms is that the INA protects employees from discrimination on the basis of citizenship or national origin when the employee is lawfully working in the United States.

Employment Discrimination Prohibitions Under the INA 

What does prohibited employment discrimination under the INA look like? National origin or citizenship discrimination can take many different forms, including but not limited to discrimination on the basis of an employee’s:

• Birthplace;
• First language;
• Accent;
• Other indicators of a person’s national origin;
• Immigration status; or
• Citizenship status.

The INA prohibits employers from only hiring (or advertising to hire) US citizens, and it also prohibits employers from requesting more documents than those that are required by US law to verify that a job applicant or employee has permission to work in the United States. The INA also prohibits employers from retaliating against job applicants or employees who exercise their rights against discrimination under the INA, including job applicants or employees who face discrimination and file a claim, or applicants or employees who participate in an investigation related to an INA violation.

INA Applies to More Employers Than Other Discrimination Laws 

The anti-discrimination provision in the INA is especially important because this federal law applies to employers with four or more employees. The other laws that protect against national origin discrimination — including Title VII of the Civil Rights Act of 1964 and the FCRA — only apply to employers with 15 or more employees.

Contact a Palm Beach Gardens Employment Discrimination Lawyer 

Anyone who has experienced unlawful discrimination as a job applicant or an employee may be eligible to file a claim in Florida under state or federal law. An experienced Palm Beach Gardens employment discrimination attorney at Sconzo Law Office can discuss the details of your case with you and can help you to understand the applicable law under which you may be eligible to file a claim and to seek a remedy. Contact us today to learn more about how we can assist you.

Source:

justice.gov/crt/8-usc-1324b-unfair-immigration-related-employment-practices