Thursday, February 23, 2012

Protecting Employees from Discrimination

Workplace discrimination | Employment Discrimination
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Workplace discrimination based on a person’s national origin or citizenship status – there is a law for that. In accordance to the Immigration and Nationality Act(INA), employers doing business in the United States are prohibited from discriminating against employees and applicants based on their national origin and citizenship status.

According to the data of the US Equal Employment Opportunity Commission (EEOC), in 2011 alone, the agency received 11,833 complaints about national origin and citizenship status discrimination. Due to the high number of discrimination incidences in the country, it is necessary for employers to uphold and respect the rights of employees and applicants with respect to anti-discrimination laws.

INA: An Overview

In compliance with the Unfair Immigration-related Employment Practices provisions of INA, employers are not allowed to discriminate against employees based on their national origin and citizenship status.

Employers with three or more employees are required to follow the rules and provisions set by INA. Additionally, only employees and applicants who legally hold American citizenship and nationality are protected by the Act.

Key Components of INA

Aside from the information about INA provided above, the following details should also be considered by employers and employees:

•    Only people who have legal American citizenship and nationality are protected by INA. Illegal immigrants and aliens are not covered by the Act. However, people who were admitted in the country as permanent residents, temporary residents, refugees, or asylums are protected by INA.

•    Covered employers are strictly prohibited from retaliating against employees who are practicing their rights under INA.

•    Denying a job seeker’s application, terminating an employee, demoting an employee, and rejecting an employee’s rights for employment benefits because of his or her national origin or citizenship status are prohibited by INA.

Legal Actions

Employees who have experienced employment discrimination should immediately file a complaint with the EEOC. Moreover, should consult with an employment law attorney for them to acquire the legal advice and assistance that they need during the complaint process.


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