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A Company Refused to Hire Me Because of my Citizenship or Immigration Status – Is That Illegal Under United States Laws Such as the Immigration Reform and Control Act (IRCA)?
A Company Refused to Hire Me Because of my Citizenship or Immigration Status – Is That Illegal Under United States Laws Such as the Immigration Reform and Control Act (IRCA)?
The Immigration Reform
and Control Act (IRCA) is a federal law enacted in 1986 that protects workers
from discrimination based on immigration or citizenship status. IRCA makes it
illegal to discriminate on the basis of national origin or citizenship when
making decisions relating to the hiring, promotion, demotion, disciplining
and/or firing of an individual.
 |
| Truth be Told, We Are All Immigrants |
IRCA also makes it illegal for
companies to require more exacting work papers than ordinarily sought from
applicants/new hires (i.e. papers required for verification of identity,
citizenship).
As with all civil rights laws,
IRCA prohibits adverse employment actions (i.e. threats, demotion, failure to
promote, termination) that are undertaken as retaliation against an individual
who asserts his/her rights under the statute.
For a very detailed analysis of IRCA and
some early cases decided thereunder, Click
Here to jump to the American Immigration Lawyers Association
1998 – 99 Immigration and Nationality Handbook, authored by Andrew M. Strojny,
Esquire.
My Employer Fired Me Because of my Citizenship or
Immigration Status – Is That Illegal Under United States Laws Such as the
Civil Rights Act of 1964 (Title VII)?
 |
| Should be Enough Proof |
Under Title VII,
discrimination based upon national origin is illegal (as is discrimination
based upon race, color, sex or religion). However, if the claim falls most directly under the auspices of Title VII, that
statute controls. In this context, one must carefully determine
the distinctions between National Origin and Citizenship – for only a single
administrative Charge with either OSC or EEOC is permitted.
NOTE: IRCA may be
used only for employers with between 4-14 employees; if the employer has greater
than 15 employees, Title VII must be the basis for the Charge. See Yefremov v.
N.Y.C. Dept. of Transp.
That said, a filing with OSC is understood to be a constructive
simultaneous filing with EEOC and vice versa. Curuta v. U.S. Water
Conservation Lab, OCAHO Case No. 92B00142
(9/24/92).
Do Title
VII and IRCA Apply to all Companies and Employers? What Is My Deadline for
Filing a Charge of Discrimination Under Title VII or IRCA Based Upon
Discrimination Because of my National Origin, Citizenship and/or Immigration
Status?
Title VII applies to workplaces that have 15 or more
employees.
IRCA covers employers with between 4 -14 employees.
So, while Title VII protects employees of larger companies,
IRCA attacks employees of very small companies.
 |
| You Have 300 Days to File a Charge of National Origin Discrimination With EEOC |
As with any allegation of discrimination governed by Title
VII, and individual has 300 days to file a Charge of Discrimination (“Charge”) with
the EEOC. So, for example, if you believe that you were laid off from work or
rejected from higher due to your citizenship, you have to file a Charge with
the EEOC within 300 days of the termination or rejection.
Many state laws also prohibit discrimination based on
citizenship. In Pennsylvania, the Pennsylvania Human Relations Act includes
such a prohibition. In order to obtain protection under the PHRA, one must file
a Charge within 180 days.
One may dual-file with EEOC and PHRC at the same time
without necessity for filing two different Charges.
 |
| Only Investigate Employers With between 4-14 Employees |
Under IRCA, one has 180 days to file a claim with the United
States Department of Justice’s Office
of Special Counsel for Immigration-related Unfair Employment Practices (“OSC”).
Failure to file a Charge with the appropriate agency within
the appropriate timeframe will result in a loss of rights to prosecute a claim
of discrimination.
Can I File a Lawsuit Under IRCA? Is There a Private Right
of Action Under IRCA?
Once a charge is filed with OSC, it makes a decision as
to whether it wants to issue and prosecute a complaint on behalf of all the
charging party. If it elects not to do so within the 120 days allotted to
it under statute, which is often the case, the individual then has a right to
file a lawsuit directly with the federal district court sitting in the
appropriate jurisdiction (and must do so within 90
days of being informed of OSC’s decision not to prosecute). Hence, the IRCA
administrative process is similar to that employed under title VII, although
OSC has jurisdiction over the charge as opposed to EEOC.
My Company Laid Me Off and Kept Undocumented Illegal Workers
– Is That Illegal Discrimination? What is Reverse Discrimination?
When IRCA was originally enacted, there was significant
concern that the law would result in favoritism of aliens over United States
citizens. Obviously, this type of concern has only grown over the years and is
at times reached a fever pitch.
Prosecuting a claim that one has been discriminated against
because of one citizenship, which often takes the form of allegations that
undocumented workers were retained while American citizens were laid off, is
known as a claim of “reverse discrimination.” In essence, reverse discrimination occurs when a law designed to
protect a minority is utilized in such a way as to favor the minority to the
detriment of the majority.
There can be little doubt that a claim of reverse discrimination
will lie under IRCA or Title VII. That said, proving discrimination, reverse or otherwise, is always challenging.
Click Here if you Have Questions About Whether You Are Being Paid Properly When Working on an HB-1 Visa?
Click Here if you Have Questions About Whether You Are Being Paid Properly When Working on an HB-1 Visa?
Philadelphia
Discrimination, Harassment and Retaliation Attorneys Helping Employees Collect
Wages, Compensation, Bonuses and Severance on a Contingent Fee Basis Attorney
Representing Employees
We are experienced employment lawyers that represent represent workers who need an employment lawyer throughout Southeastern Pennsylvania,
including those working in Philadelphia County, Delaware County,
Montgomery County, Bucks County, Chester County, Berks County and Lancaster
County.
Pennsylvania Sexual Harassment
and Hostile Work Environment Lawyer Provides Free Telephone Consultations and
Contingent Fee Representation
If you are owed money by your employer,
are looking for a contingent fee lawyer who is experienced in suing employers
who engage in or permit discrimination, retaliation, sexual harassment or
hostile work environments, and live or work in Lower Pottsgrove, Lower
Providence, Lower Salford, Malvern, Marcus Hook, Marlborough, Media, Merion, Merion Station, Methacton, Middletown, Montgomeryville, Morgantown,
Morton, Nether Providence, New
Hope, Newtown, Newtown
Square, Norristown, Northampton, North
Wales, Norwood, Nottingham, Oakmont, Oaks, Oxford, Paoli,Parkesburg, Pennsbury, Perkasie, Perkiomenville, Phoenixville, Plymouth, Plymouth
Meeting, Plymouth Whitemarsh, Pocopson, Pottstown, Prospect Park, Quakertown, Reading, Red
Hill, Ridley Park, Roxbury, Royersford, Salford, Schnecksville, Schuylkill, Selinsgrove, Sellersville, Sharon Hill, Skippack, Souderton, Southampton, Southeastern, Spring City, Spring House, Springfield, Sumneytown, Susquehanna, Swarthmore, Tamaqua, Tannersville,Telford and
their surrounding areas, consider calling us at 610-647-5027.
Or, send us an e-Mail via our Contact Form. We will respond in a timely manner.
Need an Experienced Contingent
Fee Lawyer to Sue Your Ex-Employer for Discrimination, Retaliation, Sexual
Harassment or Hostile Work Environment?
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