Question

Explain the significance of IRCA. Can an employer discriminate against someone on the basis of the person lacking U.S. Citizenship? Explain your position as Hr associate in Amazon. How you dealt with it. Explain in detail.   

Answer 1

IRCA stands for Immigration Reform and Control Act. It prohibits employers from knowingly hiring, recruiting, or referring for a fee any immigrant who is unauthorized to work. In order for the immigrant to work in the US, stronger enforcement of federal law is required. All employers are allowed to verify both the identity and employment eligibility along with INS form I-9, any who fails to do is bounded to both civil and criminal liability.

The need of IRCA Act-

a) To verify is the person is authorized to work in US

b) Helps in inspecting the identification documents

c) Restricts the employer from asking the citizenship and proof of immigration to avoid the discrimination

d) Check illegal immigration for employment

Under the Immigration and Nationality Act(INA) anti-discrimination provision, 8 U.S.C; The below four main facts has been declared regarding the dais issue.

a) Citizenship status discrimination: Employees with more than four employees are not allowed to treat them differently on the ground of hiring, recruit, or referring for a fee-based on citizenship status.  An employer may restrict hiring to U.S. citizens only if a law, regulation, restrict the employer to do so.  

b) National origin discrimination: All authorized candidates are protected from national origin discrimination.

c) Unfair documentary practices: Under IER, no employers(of any size) are allowed to collect documents other than identity and employment eligibility.

d) Intimidation: Employers are not allowed to intimate against individuals for filing charges with IER.

And more importantly, Title VII of the Civil Rights Act 1964, says "Discrimination against any individual due to lack of citizenship is prohibited".