Summary of Federal Laws

 

Employment

 

Equal Employment Opportunity

 

Immigration and Nationality Act
(as amended by the Immigration Reform and Control Act of 1986)

 

8 U.S.C. § 1324b

 

This law prohibits discrimination because of national origin against U.S. citizens, U.S. nationals, and authorized aliens.  The law also prohibits discrimination because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of aliens with work authorization:  permanent residents, temporary residents, refugees, and asylees.  A U.S.-citizens-only policy is only legal when state, federal or local law, or government contracts require hire of a U.S. citizen.  See The Office of Special Counsel for Information on Immigration-Related Unfair Employment Practices  for links to the Code, as well as facts and forms.

 

Recission of Enforcement Guidance on Remedies Available to Undocumented Workers Under Federal Employment Discrimination Laws 

The Guidance was issued on October 26, 1999, and rescinded on June 27, 2002 in light of the Supreme Court decision in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 122 S. Ct. 1275 (2002).  

 

In the Hoffman case the U.S. Supreme Court reviewed a case in which the The National Labor Relations Board (Board) had awarded  backpay to an undocumented alien who had never been legally authorized to work in the United States, and held that such relief is  foreclosed by federal immigration policy, as expressed by Congress in the Immigration Reform and Control Act of 1986 (IRCA).

 

Updated 10-23-02 to add link and information on Hoffman case and recission of Enforcement Guidance.