Are Immigrants
Protected Against Employment Discrimination?
Various laws
protect immigrants from employment discrimination. The Immigration Reform and
Control Act contains an amendment that bars unfair immigrant-related employment
practices. Who Must Comply? If an employer has at least 4 employees, it must
comply with the immigration anti-discrimination laws. Essentially, an employer
is not permitted to discriminate against persons on the basis of national
origin. This includes discrimination related to hiring and firing. Standards
for Liability
Many employers may be reluctant to hire someone merely
because the person appears to be "foreign" either by physical appearance or by
having a thick accent. The standard for employer liability under the
immigration laws is somewhat higher than that of the federal civil rights laws
(Title VII). Typically, the employer's violation must be intentional. Not Just
Aliens
A person who has been discriminated against based upon national
origin, however, does not necessarily have to be an alien. Unlawful
discrimination may occur on the basis of national origin despite the fact that
the person is a U.S. citizen. However, the immigration anti-discrimination laws
protect aliens who are permanent residents, or are who lawfully in the United
States. For the most part, illegal aliens are not protected. The Process If
employment is denied, the employee must show:
That he/she falls within a
class of persons protected under the applicable laws, such as national origin
That he or she is qualified for
the position
The employer must then show:
A legitimate reason why another
person was selected for the position Then the employee must show:
That in reality the employer's
reason for hiring the other person was really not a legitimate reason
Latitude Given Employers are
provided some latitude, however. For example, just because a person is a
qualified alien and not a citizen does not mean that an employer must hire the
alien over an equally qualified citizen. Penalties Penalties for wrongful
discrimination on the basis of national origin may include compliance orders,
including hiring or reinstatement of the affected individual. Back pay may also
be awarded. Fines may also be imposed upon the discriminating employer.
ANTONIO G. REVILLA III is a
"Former US Immigration Prosecutor " Immigration
Lawyer Miami, Deportation Defense
The Miami immigration lawyers
at Revilla Law Firm, P.A., in Miami, Florida, represent clients throughout the
state of Florida, including Aventura, Boca Raton, Bradenton, Clearwater, Coral
Gables, Coral Springs, Fort Lauderdale, Fort Myers, Fort Pierce, Hialeah,
Hollywood, Key West, Lake Worth, Melbourne, Miami, Miami Beach, Naples,
Orlando, Palm Beach, Palm Springs, Pompano Beach, Sarasota, St. Petersburg,
Sebring, Tampa, Titusville, Vero Beach, and Brevard County, Broward County,
Collier County, Highlands County, Hillsborough County, Indian River County, Lee
County, Manatee County, Martin County, Miami-Dade County, Monroe County, Orange
County, Palm Beach County, Pinellas County, St. Lucie County, and including the
Lake Okeechobee area, FL.
The hiring of a lawyer is an important
decision that should not be based solely upon advertisement. Before you decide,
ask the attorney to send you free, written information about qualifications and
experience.
