The following are types
of discriminatory conduct under the anti-discrimination provision of the
Immigration and Nationality Act (INA), 8 U.S.C. § 1324b.
1) Citizenship or
immigration status discrimination with respect to hiring, firing, and
recruitment or referral for a fee by employers with four or more employees.
Employers
may not treat individuals differently because they are, or are not, U.S.
citizens or work authorized individuals. U.S. citizens, recent permanent
residents, temporary residents, asylees and refugees are protected from
citizenship status discrimination. Exceptions: permanent residents who do not
apply for naturalization within six months of eligibility are not protected
from citizenship status discrimination. Citizenship status discrimination which
is otherwise required to comply with law, regulation, executive order, or
government contract is permissible by law.
2) National origin
discrimination with respect to hiring, firing, and recruitment or referral for
a fee, by employers with more than three and fewer than 15 employees.
Employers
may not treat individuals differently because of their place of birth, country
of origin, ancestry, native language, accent, or because they are perceived as
looking or sounding "foreign." All U.S. citizens, lawful permanent
residents, and work authorized individuals are protected from national origin
discrimination. The Equal Employment Opportunity Commission has jurisdiction
over employers with 15 or more employees.
3) Unfair documentary
practices related to verifying the employment eligibility of employees.
Employers
may not request more or different documents than are required to verify
employment eligibility, reject reasonably genuine-looking documents, or specify
certain documents over others with the purpose or intent of discriminating on
the basis of citizenship status or national origin. U.S. citizens and all work
authorized individuals are protected from document abuse.
4)
Retaliation/Intimidation.
Individuals
who file charges with the Office of Special Counsel for Immigration Related Unfair Employment Practices ("OSC"), who cooperate with an OSC investigation, who contest
action that may constitute unfair documentary practices or discrimination based
upon citizenship or immigration status, or national origin, or who assert their
rights under the INA's anti-discrimination provision are protected from
intimidation, threats, coercion, and retaliation. http://www.justice.gov/crt/about/osc/htm/Webtypes2005.php
