Workplace discrimination tied to immigration status is complicated. Unfortunately, any confusion that workers may experience related to this phenomenon benefits those employers who generally hope that workers will simply stay silent when mistreatment occurs.
While federal law does allow an employer to verify that every worker is authorized to work in the United States, it does not permit employers to use a person’s immigration status as a weapon to deny fair treatment. The Immigration and Nationality Act contains specific anti-discrimination provisions that protect workers from unfair documentary practices, intimidation and unequal treatment during hiring, firing and recruitment. These protections apply regardless of citizenship, meaning that many non-permanent residents have the right to challenge discrimination even when they fear that speaking up could put their jobs at risk.
The intersection of immigration and employment discrimination
One of the most common forms of status-based discrimination involves employers requesting more documents than necessary or rejecting valid documents because of a worker’s nationality or accent. These documentary abuses are illegal, yet they too often continue because workers feel powerless when their job depends on staying in good standing with management. Other workers face discrimination in the form of lower pay, harsher discipline or exclusion from opportunities based solely on their perceived immigration status.
It’s important to understand that an employer cannot legally target you for unfavorable treatment because you were born outside the United States or because you hold temporary authorization to work. Even undocumented workers may have certain protections, including the right to report unsafe conditions, harassment and unpaid wages without being retaliated against.
Many workers fear that if they complain about discrimination, their employer will threaten to contact immigration authorities. Federal law prohibits retaliation for asserting your workplace rights, and using immigration status as leverage is itself a form of retaliation. If an employer’s threat or conduct is meant to silence you, delay your complaint or pressure you into giving up your rights, that conduct may violate multiple employment laws. It is important for workers to understand that retaliation is often easier to prove than the underlying discrimination, which can make legal action potentially more effective than they might expect.
It isn’t usually easy to live in the U.S. right now as an individual born elsewhere. Thankfully, you do not have to face discrimination alone, and seeking legal guidance can help you defend your job, your dignity and your future.
