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Immigration status and employment discrimination

On Behalf of | Oct 25, 2022 | Immigration Law |

United States law prohibits an employer from discriminating against an employee based on that person’s immigration status. As long as you obtain legal authorization to work within the U.S., you should never be the victim of discrimination from a potential or current employer.

There are documentation requirements for employers looking to employ an immigrant, such as the completion of the I-9 Employment Eligibility Verification Form. Knowing how to tell the legal actions from the illegal ones will help you determine if you are the victim of discrimination.

Asking for additional or specific documentation

When completing your employment application and Form I-9, you can select which documentation you wish to provide the employer. There is a list of acceptable documents for those filling out an I-9, but you get to choose which of those documents to submit. A potential employer cannot ask or force you to submit specific documents.

Requiring extra steps

With a few exceptions, an employer should not ask you to complete an I-9 more than once, and the employer cannot add to the employment eligibility verification process. Doing so is a sign of immigration status discrimination.

Using E-Verify selectively

E-Verify is an internet-based program used to help verify employment eligibility. An employer must follow the program’s strict rules if it chooses to use E-Verify. Using the program improperly or selectively could be grounds for a discrimination claim.

All employers must adhere to discrimination laws regardless of your immigration status. To protect yourself from unfair hiring practices, know your legal rights when looking for employment as an immigrant.