Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Employment Law StrategistLJN NewslettersNewsSections

Immigration Status

By Theodore (Ted) Ruthizer and Mark D. Koestler
August 02, 2014

Almost three decades ago, in 1986, Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), which for the first time in American history imposed penalties on employers for employing persons not authorized to work. In enacting employer sanctions, Congress also sought a counterbalance to overzealous employers who might discriminate against a job applicant on a mere suspicion of a lack of a work-authorized status. To accomplish that goal, Congress created a new category of anti-discrimination protection to guard against “Citizenship Discrimination” (8 U.S.C. 1324b).

Then, just four years later, in 1990, Congress created a new category of anti-discrimination protection known as “document abuse” to prohibit employers from requiring specific documents from applicants. Six years after that, in 1996, Congress amended the document abuse provision to require an intent to discriminate. To provide guidance to the employer community and to prosecute claims of citizenship discrimination, Congress established within the Department of Justice (DOJ) the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Protecting Innovation in the Cyber World from Patent Trolls Image

With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.