DOJ Explains Green Card Holders’ Rights Against Workplace Discrimination

December 11, 2024

 

What's New

The Justice Department’s Civil Rights Division, Immigrant and Employee Rights Section, has issued a Fact Sheet that outlines workplace discrimination protections for permanent residents (often called “green card holders”). 

IER’s two-page Fact Sheet, published in November, is entitled “Lawful Permanent Residents’ Employment Rights Under the Immigration and Nationality Act.” It delineates protections under the INA in three areas: hiring, firing, and recruiting; verifying work authorization; and retaliation.

It notes that employers generally cannot limit jobs to U.S. citizens or refuse to hire someone because they were born in another country. It discusses the documents that employers can request when verifying work authorization and notes that an employer may not ask for more documentation than is necessary. It also stresses that the INA forbids employers to retaliate against permanent residents who try to enforce their rights, such as by firing or threatening them or reducing their work hours or pay.

What It Means

Coupled with a recent settlement that IER reached with a trailer manufacturer that required excessive work authorization documentation from its permanent resident employees, this fact sheet signals a heightened focus by IER on the right of permanent residents to be free of discrimination in the workplace. Of course, this focus could shift when the new Trump administration comes into office.

What You Should Do

Employers should read the fact sheet and then review their hiring and work authorization policies to ensure that they are complying with the Immigration and Nationality Act. CWC members can consult CWC staff through MemberAssist through [email protected].





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