New York Citizenship Discrimination Lawyer
As the financial capital of the world, many multinational corporations maintain some presence in the City of New York. In order to maintain that corporate presence, these corporations’ must hire qualified employees. As we become a more global economy, laws that govern discrimination based on citizenship become even more important. In today’s world, owners, customers and other stakeholders require these corporations to hire a diverse staff of employees. The Sanders Firm, P.C., is available to advise and represent employees alleging citizenship discrimination in employment. Citizenship discrimination aka immigration status discrimination are variants of national origin discrimination.
The Immigration Reform and Control Act of 1986 (IRCA)
The Immigration Reform and Control Act of 1986 makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual’s citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract. Employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee, or demand additional documentation beyond what is legally required, when verifying employment eligibility (i.e., completing the Department of Homeland Security (DHS) Form I-9), based on the employee’s national origin or citizenship status. It is the employee’s choice which of the acceptable Form I-9 documents to show to verify employment eligibility.
The IRCA applies to employers with 4 or more employees, including federal, state and local governments as well as employment agencies and labor organizations.
It is unlawful to harass a person because of his/her citizenship. It is also unlawful to retaliate against a person because he/she opposes employment practices that discriminates based on citizenship or for filing a charge, testifying, or participating in any way in an investigation, proceeding, or other litigation related to the IRCA.
IRCA’S nondiscrimination requirements are enforced by the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).
State and City Laws
The New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL) applies to employers with 4 or more employees and offers broader protections. Under the NYSHRL, citizenship status would be the appropriate form of discrimination. Under the NYCHRL, alienage or citizenship status would be appropriate forms of discrimination.
Often employees or applicants will pursue claims of discrimination under Title VII of the Civil Rights Act of 1964, the NYSHRL and NYCHRL and in some cases, the Civil Rights Act of 1871, 42 U.S.C. § 1983. The Sanders Firm, P.C., is experienced in handling such matters.
If you feel that you’ve been the victim of citizenship discrimination, or would like to have an attorney review your documents to ensure that your rights are protected, contact the New York Citizenship Discrimination Lawyer at The Sanders Firm, P.C., 800-371-4835, today.