Requiring Extra Documentation May Constitute Immigration Discrimination

A recent case out of New York highlighted an issue that is prevalent throughout the country – immigration discrimination. Immigration discrimination encompasses those situations where an employer engages in a pattern or practice of discrimination based on your immigration status.

The Immigration and Nationality Act (INA), anti-discrimination provisions explicitly prohibits employers from requiring work-authorized employees (who may not yet be citizens) from requiring additional documents and proof of their employment eligibility.

If you have questions about immigration discrimination, or believe that your employer may have violated anti-employment discrimination laws, consulting with an experienced Georgia employee’s rights attorney is important to ensure your rights.

In the recent immigration discrimination lawsuit, numerous employees alleged that an employer – a nursing home – required that lawful permanent resident employees present new cards when their prior cards expired – a practice expressly forbidden by the INA. The case settled, and based on an investigation of the nursing home’s practices, the nursing home agreed to pay significant penalties, undergo training on the anti-discrimination provisions of the INA, revise its employment policies and establish a back pay fund to compensate potential victims.

The Justice Department’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) enforces the anti-discrimination provision of the INA. One of its key provisions is prohibits citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee, unfair documentary practices, retaliation and intimidation.

For more information or if you believe that you may have been subject to discrimination based on your immigration status, please contact the knowledgeable Atlanta employment discrimination lawyers at Buckley Bala Wilson Mew LLP for an immediate case evaluation.