The Sanders Firm, P.C.: New York Citizenship Discrimination Lawyer
In New York City, The Sanders Firm, P.C. represents clients who have experienced citizenship discrimination in connection with employment. Citizenship discrimination violates both federal and New York State law. It is illegal for employers to base decisions in relationship to employment and employees on citizenship.
New York City, which is the financial capital of the world, is a vast and varied workplace for millions of people. Many qualified workers are non-citizens from around the globe. For those who are eligible to work in the United States, it is against the law for employers to base any decisions concerning any aspect of employment on someone’s citizenship. This is also known as migration status discrimination, which is an aspect of national origin discrimination.
In legal proceedings, claims of citizenship discrimination are often covered under Title VII of the Civil Rights Act of 1964, the NYSHRL, and NYCHRL. In some cases, the Civil Rights Act of 1871, 42 U.S.C. § 1983 may also be utilized by litigants.
The Immigration Reform and Control Act of 1986 (IRCA)
Under the Immigration Reform and Control Act of 1986, which 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 for an employer to discriminate in any aspect of employment. This includes hiring, laying off or firing. In addition, engaging in recruitment or referral for a fee based upon an individual’s citizenship or immigration status is illegal. The act prohibits employers from hiring only U.S. citizens or lawful permanent residents unless they are required to do so by law, regulation, or government contract.
Additionally, employers may not use an the employee’s national origin or citizenship status to reject lawful documentation that verifies the employment eligibility of an employee, or demand additional documentation beyond what is legally required when engaged in the process of verifying employment eligibility. This includes completing the Department of Homeland Security (DHS) Form I-9. According to the law, it is the employee’s choice as to which of the acceptable Form I-9 documents he/she decides to show in order to verify employment eligibility.
Harassment and Retaliation
The Sanders Firm, P.C. wants everyone to understand their rights in connection to harassment since harassment in the workplace can be especially difficult for employees. According to the law, harassment of a person because of his/her citizenship is illegal. It is also unlawful for an employer to retaliate against a person because he/she opposes employment practices that discriminate due to citizenship. Retaliation by an employer against an employee for filing a charge, testifying, or participating in any way in an investigation, proceeding, or other litigation related to the IRCA is not lawful. The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is charged with enforcing the IRCA’S nondiscrimination requirements.
Discrimination, State and City Laws
The New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL), which pertains to employers with 4 or more employees, offers broader protections. Under the NYSHRL, discrimination due to citizenship status is unlawful and under the NYCHRL, discrimination in relationship to alienage or citizenship status is unlawful.
Utilizing Legal Counsel
In New York City, The Sanders Firm, P.C., which is experienced in the handling of all such matters described on this page, is ready to serve you. Contact us. We will meet with you, discuss your case, and evaluate all appropriate documentation. As your legal counsel, The Sanders Firm, P.C. will gladly offers suggestions regarding the best course of action to take in relationship to your complaint. We are your voice for justice in your fight against citizenship discrimination.