Federal Immigration Reform and Control Act of 1986 (IRCA)
Overview of Law
The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation, or government contract. Employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee or demand additional documentation beyond what is legally required, when verifying employment eligibility (i.e., completing the Department of Homeland Security (DHS) Form I-9), based on the employee's national origin or citizenship status. It is the employee's choice which of the acceptable Form I-9 documents to show to verify employment eligibility.
IRCA also prohibits retaliation against individuals for asserting their rights under the Act, or for filing a charge or assisting in an investigation or proceeding under IRCA.
An assortment of Federal Acts that have been put into place that make workplace discrimination and harassment unlawful if it is based on race, color, age (over 40), sex, pregnancy, religion, disability, national origin, ethnic background, genetic information (including that of family members), military service, or citizenship or immigration status. See the general overview of the federal Equal Employment Opportunity laws here.
Got a labor law question?
Our team helps employers with labor law compliance every day. Complete the form below to ask a question or request some help.
General Disclaimer
The materials and information available at this website and included in this blog are for informational purposes only, are not intended for the purpose of providing legal advice, and may not be relied upon as legal advice. The employees of Complete Payroll are not