Ethnicity/national origin: Ethnicity/national origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not). National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin or because of their connection with an ethnic organization or group. Discrimination can even occur when the victim and the person who inflicted the discrimination are the same national origin.
Discrimination against immigrants: The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based on 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 (e.g., 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. IRCA also prohibits retaliation against individuals for asserting their rights under the Act, or for filing a charge or assisting in an investigation or proceeding under IRCA.
If you feel you have faced discrimination because of your national origin, because you speak with an accent or look a certain way, contact the Akin Law Group, PLLC immediately at 212-825-1400 for a free consultation and learn your rights. We can help you take back control over your life.