The Catholic University of America

Summary of Federal Laws

Employment

Compliance Partners

AVP for Human Resources

Related Policies

Equal Opportunity

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The Guidance was issued on October 26, 1999, and rescinded on June 27, 2002 in light of the Supreme Court decision in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 122 S. Ct. 1275 (2002).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

 Resources

US DOJ letter dated June 29, 2010 from the Office of Special Counsel stating that decisions not to hire based solely upon need for visa sponsorships or their need for written employer submissions to USCIS, either currently or in the future, would generally not be actionable. Temporary visa holders and applicants for adjustment of status to permanent residence are not protected individuals for purposes of citizenship status discrimination.

 

updated 8/27/10 by mlo to add 6/29/10 DOJ letter.