Discrimination Based on an Individual's Immigration Status

Posted by Matthew Moosbrugger | Sep 29, 2021 | 0 Comments

The Immigration and Nationality Act (INA) prohibits employers from discriminating against individuals based on their citizenship or immigration status, or their national origin, during the hiring, firing, or recruiting processes. Employers should develop, implement, and enforce nondiscrimination policies, practices, and procedures, and ensure that all employees (and their authorized representatives, such as those completing Form I-9 or creating E-Verify cases on their behalf) understand the rules. Employers should also provide them with adequate training on employer responsibilities and worker rights.

An employer cannot discriminate when:

  • Announcing a job;
  • Taking applications;
  • Performing interviews;
  • Making job offers;
  • Verifying an individual's authorization to work;
  • Hiring an individual; or
  • Terminating an individual's employment.

Employers also cannot retaliate against a person who:

  • Files a charge of discrimination;
  • Participates in an investigation or prosecution of a discrimination complaint; or
  • Asserts their rights or the rights of another person under anti-discrimination laws

If you think you have been discriminated against based on your immigration status, contact Moosbrugger Law for a free consultation.

About the Author

Matthew Moosbrugger

Matthew is an Arizona based employment attorney who specializes in civil litigation and civil rights employment law matters. Matthew is a strong advocate for his clients in all matters and regularly represents clients in civil litigation matters such as contract disputes, business litigation, and real estate matters, in addition to employment discrimination and workplace harassment cases.


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