Immigrants built America, and most of today's U.S. workers are descendants of immigrants.
But too often, immigrant workers are subjected to workplace problems ranging from discrimination against documented immigrants to gross exploitation of undocumented workers. According to the federal Immigration and Naturalization Service, about 1.1 million people immigrate to the United States every year, and more than one-quarter of new entrants into today's workforce are foreign-born.
The Immigration Reform and Control Act of 1986 prohibits employment discrimination based on national origin or citizenship status. At the same time, IRCA requires employers to verify that all employees, U.S. citizens or not, are authorized to work in the United States. The employer may require proof of identity, such as a driver's license or state-issued I.D. card, and work authorization, such as a Social Security card or U.S. birth certificate. Some documents prove both identity and work authorization, such as a U.S. passport, a certificate of naturalization, a permanent resident alien card or an Immigration and Naturalization Service work permit. But employers cannot specify which documents they will accept, or require more documents if those presented appear to be genuine.
An employer cannot legally refuse to hire a documented worker, citizen or noncitizen, just because he or she has a foreign name, speaks with an accent or was born in another country. You do not have to be a citizen to work in the United States. However an employer is permitted to hire a citizen over a noncitizen if both are equally qualified, or if citizenship is required for a particular job under federal, state or local law, or by government contract.
Examples of employer discrimination that violates IRCA include:
- Refusing to hire someone authorized to work, or firing an employee, because he or she was born in a foreign country, appears to be foreign or has a foreign name or accent;
- Requiring only those who appear or sound foreign or are of a particular national origin to produce identity and authorization documents;
- Asking newly hired workers to produce more documents than the law requires.
If you believe you have been discriminated against because you are an immigrant worker, there are two places where you may file a complaint. You may contact the Office of the Special Counsel—the enforcement agency for employers with four to 14 employees—toll-free at 1-800-255-7688. If you work for a larger firm, you may file a complaint with the nearest office of the Equal Opportunity Employment Commission or you may call 1-800-669-4000.
Complaints must be filed within 180 days of the alleged discrimination and should include the employer's name, address and telephone number, the nature of the discrimination and the date or dates it occurred.
In 1999, the AFL-CIO convention passed a resolution calling for major immigration policy reform, including amnesty for undocumented workers and replacing employer sanctions for hiring undocumented workers with a policy to prevent employer abuse of immigrant workers. Current law enables employers to exploit immigrant workers, AFL-CIO leaders said, by hiring them at low wages to work in poor conditions, then firing them or turning them over to the INS as undocumented if they attempt to win workplace rights or gain a voice at work by forming a union.
Support Information for Immigrant Workers
Remember: The best way to protect your rights at work is to gain a voice on the job by forming a union!
