7.2.5 Immigration-Related Discrimination

In cases of national origin or race discrimination, certain provisions of the Immigration Reform and Control Act of 1986 (“IRCA”) may also apply. IRCA prohibits employers from hiring persons who are not legally entitled to work in the U.S. and requires that employers verify employees’ eligibility and identity. IRCA also prohibits covered employers from discriminating in recruiting or referring for a fee, hiring, or firing based on national origin and/or citizenship status against those who may legally work in the United States.1  Protection is given to U.S. citizens and to noncitizens with work authorization. Employer actions that may run afoul of this law include basing employment decisions on appearance, accent, name, or other characteristics suggestive of national origin rather than work-related criteria and treating workers differently in any aspect of the hiring or documentation process. IRCA complaints must be filed with the Department of Justice’s Office of Special Counsel (OSC) (unless brought before the EEOC within the scope of a Title VII charge) within 180 days of the unlawful action. OSC will investigate and decide whether to bring the complaint before a special administrative law judge. If OSC declines, the complainant may do so.

• 18 U.S.C. § 1324b.