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 The Buckley Law Firm, LLP for an immediate consultation.