Avoiding Citizenship and National Origin Discrimination—The Tricky Analysis Surrounding What Employers May Request from Foreign National Candidates During the Pre-employment Process

It may be hard to imagine, but prior to 1986 it was not illegal for an employer to hire an undocumented worker. All of that changed with the enactment of the Immigration Reform and Control Act of 1986 (IRCA). In addition to requiring employers to verify the work eligibility for all employees, IRCA's antidiscrimination provisions prohibit an employer from discriminating in hiring or firing on the basis of an individual's citizenship status or national origin....
By: Lippes Mathias Wexler Friedman

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