One primary law that offers protection to immigrants against employment discrimination is the Immigration and Nationality Act (INA). Under the INA, employers are prohibited from discriminating against people based on their citizenship status or national origin during the hiring, firing, and recruitment process.
This ensures that all people, irrespective of their immigrant status, have a fair chance at employment opportunities, as long as they have the necessary authorization to work in the United States. The laws that govern and protect individuals and immigrants against employment discrimination may be subject to changes or adjustments in the future as presidential administrations change.
Because of the constant possibility of changes and updates to these laws, it is very important to seek advice and representation from a lawyer for any immigration-related employment discrimination issues.
What Other Laws Govern Immigrants and Employment Discrimination?
While the INA plays a crucial role in safeguarding the rights of immigrants, there are other federal laws governing discrimination that can also be pertinent.
One such law is the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. Although this law isn’t exclusive to immigrants, it does offer them protection, especially when they face discrimination due to their national origin or religious practices.
As noted above, the laws governing immigrants and employment discrimination may be subject to change, as both presidential administrations and immigration laws are changed or updated. There are several executive orders that govern immigration issues in the United States and, therefore, may also impact their employment as well.
Executive Order Realigning the United States Refugee Admissions Program (USRAP)
This executive order limits the ways in which immigrants can seek legal entry into the United States. Effective in early 2025, the United States Refugee Admissions Program (USRAP) will be suspended.
Pursuant to this law, refugees may only be admitted on a case-by-case basis.
Executive Order Guaranteeing the States Protections Against Invasion
This order provides that all individuals, including those seeking asylum in the U.S., may be barred from entering the country at its southern border. As with the previous order, individuals may be admitted by the Department of Homeland Security (DHS) and the Secretary of State on a case-by-case basis.
Executive Order Protecting the American People Against Invasion
This order outlines enforcement policies that govern unlawful presence, illegal entry, and removal of those who are present unlawfully in the U.S. Under this law, the use of expedited removal is also supposed to be expanded.
This order requires the Attorney General, DHS, and Secretary of State to limit employment authorizations, designations of Temporary Protected Status (TPS), and humanitarian parole. Additionally, if an individual is in the country unlawfully they have to register their presence with the federal government or they may face criminal and civil legal consequences.
Under this order, the DHS has the authority to allow state and local law enforcement agencies to locate, apprehend, and detain aliens. Additionally, any areas identified as sanctuary jurisdictions that interfere with federal enforcement operations may be denied access to federal funds.
Executive Order Protecting the Meaning and Value of American Citizenship
This order is an attempt to terminate birthright citizenship. With birthright citizenship, any child born in the United States is automatically given U.S. citizenship.
Pursuant to this order, for a child to obtain birthright citizenship, one of their parents must be a U.S. citizen or a permanent resident of the country. Birthright citizenship would be denied for a child whose parent is in the U.S. on a temporary visa.
It is important to be aware that a preliminary injunction was issued that prevented this order from being enforced until its constitutionality is examined. To determine the current status of this law and if this order applies to an individual’s situation, they can consult with a lawyer in their area.
These and other immigration laws can have a direct effect on employment and employment discrimination against immigrants, as they can impact their immigration status and eligibility to work in the United States.
What If I Have Been Discriminated Against Due to My Immigration Status?
If you believe you have been a victim of employment discrimination due to your immigration or protected status, act promptly. Documenting and reporting discriminatory behavior is not only essential for establishing a factual foundation for your claim but also crucial for ensuring that your rights are upheld and protected.
Here’s a detailed guide on how to meticulously document instances of discrimination against immigrants and the importance of each step:
Documenting discriminatory behavior
- Detailed records: Begin by maintaining a detailed diary or journal.
- For every incident, record the date, time, and location.
- Describe the incident as objectively and factually as possible.
- Avoid emotional language, and focus on recounting events as they happened.
- Witnesses: Note down the names of any individuals who witnessed the event.
- They could be colleagues, supervisors, or even external parties like clients or vendors. Witnesses play a crucial role in corroborating your version of events.
- Supporting evidence: In the digital age, discriminatory behavior can also manifest in emails, text messages, or even social media posts.
- Save copies of any such communications.
- If you’re facing verbal abuse or comments, consider jotting down the exact phrasing used.
- Patterns of behavior: Sometimes discrimination is not a one-time event but a series of smaller, consistent behaviors.
- Documenting these patterns can strengthen your case, illustrating that it was not an isolated incident but a persistent issue.
Reporting the discrimination
- Know your company’s policy: Familiarize yourself with your company’s anti-discrimination or grievance redressal policies. Most companies have a defined procedure for reporting such incidents.
- This could be available in your employee handbook, on the company’s internal portal, or through the human resources department.
- Formal reporting: Always report in writing.
- This creates a paper trail, evidence that you’ve taken official steps to bring the matter to your employer’s attention.
- Describe the discriminatory behavior, provide the details you’ve documented, and mention any evidence you have.
- Confidentiality: Ensure that your complaints are confidential. The law protects individuals from retaliation for reporting discrimination.
- If you feel that your confidentiality has been breached, document that as well.
The importance of this process
Documenting and reporting not only ensures that your claims are taken seriously but also establishes your credibility. Consistent, detailed accounts are more likely to be viewed as reliable and trustworthy.
In the event that you decide to take legal action, having a well-documented record can be invaluable. It serves as evidence and can significantly strengthen your case.
Reporting the issue forces employers to address the situation, ensuring that those responsible are held accountable. Even if immediate action isn’t taken, it sets a precedent that such behavior was reported and acknowledged.
Your actions could serve as a deterrent for future discriminatory behavior, fostering a more inclusive and respectful work environment for everyone.
The Equal Employment Opportunity Commission (EEOC) and Addressing Discrimination
The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing federal laws that make it illegal to discriminate against job applicants or employees because of their race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
When workplace discrimination occurs, and internal avenues of redress are exhausted or unsatisfactory, the EEOC becomes a critical avenue for seeking justice.
Steps to file a complaint with the EEOC
- Determine eligibility: Before filing, ensure your workplace is covered. In general, the EEOC covers employers with 15 or more employees.
- Additionally, there’s a time limit (usually 180 days) from the day of the alleged violation to file a complaint.
- Contact the EEOC: Before filing a formal complaint, it’s recommended to contact the EEOC informally. They can provide guidance on whether your complaint falls within their jurisdiction and give preliminary advice.
- Prepare necessary documentation: Gather all relevant evidence, including any documents, correspondence, or records related to the discrimination and your attempts to address it.
- File a charge of discrimination: This can be done in person at an EEOC office, through mail, or even via the EEOC’s online portal.
- Your complaint should be detailed, explaining the nature of the discrimination, the parties involved, and any actions taken so far.
- Mediation option: After filing, the EEOC may offer mediation to resolve the charge, which is a voluntary process. If both parties agree, a neutral third party (mediator) will help negotiate a resolution.
- This process is confidential and can lead to a faster resolution.
- EEOC investigation: If mediation is not pursued or does not resolve the issue, the EEOC will begin an investigation.
- This involves reviewing documents, interviewing witnesses, and may involve site visits.
- Determination: At the conclusion of its investigation, the EEOC will make a determination.
- If they find evidence of discrimination, they may seek to facilitate a settlement between the employer and the employee or even take legal action against the employer.
- If no evidence of discrimination is found, the complainant will be issued a ‘Notice of Right to Sue’, allowing them to bring a lawsuit in federal court.
What happens next?
- Right to sue: Even if the EEOC does not find evidence of discrimination, you still have the right to sue your employer in a federal court.
- You will need the ‘Notice of Right to Sue’ from the EEOC to proceed.
- Legal action by EEOC: In cases where discrimination is evident, and the employer is not amenable to a satisfactory settlement, the EEOC might take legal action against the employer on your behalf.
- Retaliation is illegal: Regardless of the complaint’s outcome, federal law protects you from retaliation for filing a charge, participating in an investigation, or opposing discriminatory practices.
- Legal representation: At any stage, you can seek legal representation. A lawyer can guide you through the EEOC process, ensuring that your rights are adequately represented and protected.
Filing a charge with the EEOC is a significant step toward addressing workplace discrimination. If you believe you have faced discrimination, consider reaching out to a knowledgeable lawyer through LegalMatch to guide you every step of the way.
Do I Need a Lawyer for Employment Discrimination?
If you feel that you have been discriminated against due to your immigration status or any other protected aspect, hire an attorney. An experienced discrimination lawyer can guide you through the legal process, help you understand your rights, and represent your interests effectively.
Are you searching for a qualified lawyer to assist with your discrimination claim? Find the best match for your specific needs today through LegalMatch. Our platform connects you with reliable attorneys in your area, streamlining the process of finding the right legal representation.
