The Immigration Reform and Control Act requires you to verify your employees' eligibility status, even those you know to be U.S. citizens. However, the same Act prohibits you from asking people to prove their citizenship or work status before offering them employment.
Yes. Some jurisdictions have had positive decisions on immigration matters, while other states have had rulings that establish bad precedent on immigration matters, and this could affect your ability to bring a legal action.
Keep a Written Record: The first step in documenting employment discrimination is to keep a written record of every incident that occurs. Your records should include dates, times, locations, who was involved, who witnessed it, and details of what exactly happened.
On July 1, 2018, new regulations from California's Fair Employment and Housing Council (“FEHC”) clarified that discrimination based on immigration status is prohibited under the Fair Employment and Housing Act (“FEHA”).
To prove discrimination, plaintiffs must provide evidence that they: (a) are a member of a protected class, (b) are qualified for the position at issue, (c) suffered an adverse employment action, and (d) the employer treated similarly situated employees outside of the protected class more favorably (or some other ...
Yes, employers can reject a candidate based on visa status, but there are important legal considerations to keep in mind. In the United States, for example, employers must comply with anti-discrimination laws, such as the Immigration and Nationality Act (INA) and Title VII of the Civil Rights Act.
Employers cannot discriminate when hiring, firing, or recruiting because of someone's citizenship, immigration status or type of employment authorization.
How does a person file a complaint of employment discrimination? Online by creating an account and using our interactive California Civil Rights System, CCRS. Call the Contact Center at 800-884-1684 (voice). Print and fill out a hard copy of the Intake Form that matches your issue and send it.
You can also file a complaint with the Department of Labor The DOL Wage & Hour Division can provide you with information as to what sorts of claims or complaints they accept and how their process works. They can be contacted at 866-487-9243. They also have a webpage with information that might be helpful.