Reference no: EM132820497

IRCA versus Title VII - who wins?

The Immigration Reform and Control Act (IRCA) of 1986 addressed illegal immigration problems by implementing criminal and civil sanctions against employers who hire undocumented workers. The law requires employers to verify an employee's eligibility by completing the I-9 form, which mandates that the employee produce documents showing identity and eligibility to work in the U.S. (If you are employed in the U.S., you completed this form). A list of documents that the employee will be required to produce is included in the textbook. The employer must retain I-9 forms on file for 3 years. An employer who does not comply with the I-9 requirements may be subject to fines.

However, given the scenario of an employee with a "foreign accent," it's important to consider Title VII's requirements prohibiting discrimination based on national origin. An employer can refuse to hire anyone (citizen or immigrant) who cannot provide legal documents. However, the employer cannot discriminate based on an individual's foreign accent.

Read more at the website for US Immigration Services and post your thoughts on this issue.

https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/120-acceptable-documents-for-verifying-employment-authorization-and-identity

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