Refusal to Hire Based on Immigration Status Is Illegal Discrimination

Among the many hurdles faced by immigrants to the U.S., getting a desirable job can be one of the biggest. Companies of all sizes and across various industries sometimes exhibit prejudice against hiring foreign-born workers, even those whose employment is authorized by law. However, it is illegal for employers to discriminate against job candidates or employees based on their citizenship or immigration status. Workers who have been victims of such discrimination have the right to pursue legal action.

The Immigration and Nationality Act (INA) contains a strong anti-discrimination provision that makes it illegal for employers of four or more workers to treat people differently in recruiting, hiring or firing due to their immigration status or national origin. Under the INA, all of these actions by an employer could be considered unlawful:

• Requiring a job candidate to produce more or different immigration documents than legally required for employment verification
• Refusing to accept documents provided by an employee that appear to be genuine
• Having a practice of only hiring U.S. citizens to do certain jobs, except for certain high-security positions
• Denying a job to a temporary resident with a work authorization because the company doesn’t want to deal with the paperwork
• Asking job candidates of Asian, Latino or other descent to produce work authorization papers but not asking white candidates for the same paperwork
• Posting job advertisements seeking applications solely from people with certain immigration statuses

Job applicants and employees who believe they have been unlawfully discriminated against on the basis of immigration status or national origin can file a complaint with the Department of Justice Civil Rights Division’s Immigrant and Employee Rights Section (IER). The IER is required to investigate the charges within 120 days and determine whether to take legal action. In December 2022, a New Jersey recruiting company settled IER charges that it violated the INA through restrictive job postings. If the OSC doesn’t act, then the victim can pursue their own legal remedies.

Immigration and employment law are complex, so if you feel you have been discriminated against based on your immigration status or national origin, you should speak with a qualified New Jersey employment lawyer about your rights. You do not have to try to navigate the system by yourself. An attorney can assess the situation and guide you along the way.

The attorneys of Deutsch Atkins & Kleinfeldt, P.C. in Hackensack represent clients throughout New Jersey who may have been victims of immigration and citizenship discrimination during the job application process, job interviews, and all other points in the hiring cycle. You can reach us by calling 551-245-8894 or contact us online.