If you are an undocumented immigrant working in New Jersey and have suffered racial discrimination, you may have an employment law case. According to federal and New Jersey state law, a business or government agency is not allowed to discriminate against you based on race.
Immigrants are protected from employment discrimination by laws enforced by the Equal Employment Opportunity Commission (EEOC). This pamphlet answers questions often asked by people who think that they have suffered discrimination in employment. It describes what the law covers, how to file a complaint, and typical examples of employment discrimination.
Discrimination in the Workplace for Immigrants. The United States is often referred to as a country of immigrants. Yet discrimination against immigrants in the workplace is still a problem, causing both citizens and lawful residents financial and emotional hardships. For this reason, the federal government has passed ...
National Center for Biotechnology Information
Discrimination against immigrants has been in existence from the colonial era and is still prevalent in the U.S (Lentin, 2011). The most common types of discrimination that the immigrants in the U.S encounter are language-based discrimination and racial discrimination.
The Immigration and Nationality Act (INA), as amended by the Immigration Reform and Control Act of 1986 (IRCA), is a federal law covering almost all immigration matters. It protects individuals from employment discrimination based on immigration or citizenship status, and prohibits document abuse discrimination, which occurs when employers request more or different documents than are required ...
In order to avoid potential liability and lawsuits, employers should take steps to prevent discrimination in the workplace, like: 1 Evaluate all candidates for employment or benefits in a way that is consistent and fair (i.e., not asking for more proof from some individuals, but not others); 2 Terminate and/or replace supervisors who are found to have discriminated in the hiring process; 3 Keep informed and updated regarding major changes in state and federal employment and immigration laws; and 4 Implement newer methods for checking employee documents, such as the E-Verify system.
The INA anti-discrimination protections cover various employment aspects such as recruitment, hiring, and firing decisions. Under the INA, an employer cannot engage in any of the following:
The Immigration and Nationality Act (INA) is a federal immigration law that requires employers to hire only employers with proper work authorization. However, INA also contains anti-discrimination provisions that reach out to protect employees.
Anti-discrimination policies should be followed very carefully in the workplace. Discrimination violations can carry very serious legal consequences, especially with the recent changes in immigration laws in some states.
Immigrant discrimination is the unfair or unequal treatment of a person or group of persons based on their classification in a “protected status”, such as race, national origin, sex, religion, and political background. Anti-discrimination laws prohibit such conduct as harassment or preferential treatment based on the person’s background.
In addition, if a policy is found to be discriminatory in nature, that policy should be replaced with a newer one that conforms to anti-discrimination laws. This may require a re-writing of the employee handbook and replacing information that may be posted about the workplace.
While it is against the law for employers to knowingly hire illegal immigrants, they also cannot make decisions that are discriminatory against immigrants. They also cannot enforce or maintain work policies that are discriminatory in nature.
In order to avoid potential liability and lawsuits, employers should take steps to prevent discrimination in the workplace, like: 1 Evaluate all candidates for employment or benefits in a way that is consistent and fair (i.e., not asking for more proof from some individuals, but not others); 2 Terminate and/or replace supervisors who are found to have discriminated in the hiring process; 3 Keep informed and updated regarding major changes in state and federal employment and immigration laws; and 4 Implement newer methods for checking employee documents, such as the E-Verify system.
The INA anti-discrimination protections cover various employment aspects such as recruitment, hiring, and firing decisions. Under the INA, an employer cannot engage in any of the following:
The Immigration and Nationality Act (INA) is a federal immigration law that requires employers to hire only employers with proper work authorization. However, INA also contains anti-discrimination provisions that reach out to protect employees.
Anti-discrimination policies should be followed very carefully in the workplace. Discrimination violations can carry very serious legal consequences, especially with the recent changes in immigration laws in some states.
Immigrant discrimination is the unfair or unequal treatment of a person or group of persons based on their classification in a “protected status”, such as race, national origin, sex, religion, and political background. Anti-discrimination laws prohibit such conduct as harassment or preferential treatment based on the person’s background.
In addition, if a policy is found to be discriminatory in nature, that policy should be replaced with a newer one that conforms to anti-discrimination laws. This may require a re-writing of the employee handbook and replacing information that may be posted about the workplace.
While it is against the law for employers to knowingly hire illegal immigrants, they also cannot make decisions that are discriminatory against immigrants. They also cannot enforce or maintain work policies that are discriminatory in nature.