The main anti-discrimination law protecting United States employees is Title VII of the Civil Rights Act. But do the protections contained within this federal Act extend to workers who are illegally in the United States? Can an undocumented immigrant bring a discrimination claim under Title VII? Surprisingly, yes.
Title VII applies to persons “employed by an employer,” not just citizens. Thus, it generally does not come into play until after employment begins. Because of this, an employer is free to refuse to hire, if their decision is solely based on the prospective employee’s immigration status. Once an illegal immigrant is hired, however, they are afforded all the protections of Title VII as every other U.S. worker.
Title VII clearly protects against discrimination based on national origin or race. It does not, however, protect against discrimination based on immigration or citizenship status. Most employers get into trouble when their conduct crosses over the thin line from discriminating based on an employee’s immigration status (permitted) to discriminating based on their nationality (prohibited).
If you believe you have been discriminated against because of your nationality or race, the experienced employment law attorneys of Humble Law, LLC can assess the facts of your case and determine whether you have a valid basis for a claim.
At Humble Law, LLC, we have represented employees from an array of different industries dealing with discrimination claims. Our experienced and aggressive employment law attorneys believe that these behaviors are a violation of employee rights and call for swift and incisive legal action on the victim’s behalf.
Want to learn more about how our firm can advocate for you during this difficult time? Contact us today.