The Immigration Reform and Control Act (IRCA or Act) prohibits discrimination on the basis of national origin or citizenship status (other than unauthorized status). Discrimination in employment on the basis of national origin is also prohibited by Title VII of the Civil Rights Act (Title VII).
While Title VII applies only to businesses that have 15 or more employees, IRCA’s prohibitions apply to employers of four or more employees.
Employers also may not retaliate against employees who have filed a charge of discrimination under the Act.
Under the IRCA, employers commit an unfair immigration-related employment practice if they ask for more or different documents in the employment verification process than those required by the verification provisions provided by the employee. The employee is permitted to provide any documents from the List of Acceptable Documents (except that if the employer uses E-Verify and the employee chooses to present a List B document, the List B document must contain a photograph). Employers cannot require employees to provide specific documents. However, under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), an employer commits an unfair immigration-related employment practice only...
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