The Immigration Reform and Control Act (IRCA) of 1986 made it illegal for employers to hire immigrants who they know are undocumented. But, if an employer requests verification from an employee just because of their race or national origin, that employer could be violating Title VII of the Civil Rights Act of 1964. Here’s what everyone should know about the IRCA.
Overview of the Immigration Reform and Control Act of 1986
The Immigration Reform and Control Act of 1986 was passed because of concerns about undocumented workers taking jobs from American citizens and immigrants who had work authorization.
The IRCA states that all employers must verify the identity and employment eligibility of all regular employees, temporary employees, student employees, and temporary agency personnel hired after November 6, 1986. It also says that employers must have a completed I-9 form documenting this verification for each employee.
If employers don’t get this verification for their employees, the employer could face civil and criminal charges and fines of up to $1000 per employee. And if employees don’t have an I-9 on file with their employer they could lose their jobs.
However, Title VII of the Civil Rights Act makes it illegal for employers to discriminate against their employees based on their national origin. So, employers must be very careful to not violate Title VII while trying to comply with the IRCA.
Accommodations for Employees/Employees
When employers are interviewing potential hires, they can’t ask any questions that would require the potential hire to reveal their national origin. They also can’t ask about any characteristic that is protected under Title VII like age or race. When people are interviewing for jobs, they should know that they don’t have to answer any questions about things like if they are pregnant, if they are LGBTQ+, or what religion they practice.
Employers may be in violation of Title VII if they ask any questions about characteristics that are protected by Federal law. Employees or potential hires should know that they don’t have to answer if an employer or potential employer asks them questions that violate the rights protected by Title VII of the Civil Rights Act.
Enforcement and Compliance
In order to be in compliance with the IRCA without violating Title VII of the Civil Rights Act employers can request that all employees fill out an I-9 regardless of their status. When all employees are required to fill out the form that doesn’t violate Title VII because all employees are required to do it regardless of their status. If an employer requires only certain employees to fill out the I-9 that may violate Title VII by singling out one particular group of employees based on their national origin.
Talk to an Employment Law Attorney
To find out more about how to be in compliance with both the IRCA and Title VII or to get personalized advice from an employment attorney in your state fill out a Free Case Evaluation Form on this page now.
