Can an employer discriminate due to citizenship status?
If you are an immigrant to the United States and working in Colorado, you may worry about discrimination due to your citizenship status. While you may not have every right of a U.S. citizen, you still have some rights afforded to all people within the borders of this country, and that includes the right to be free from discrimination in the workplace.
According to the U.S. Equal Employment Opportunity Commission, your employer cannot discriminate against you due to your citizenship status. This right comes from the Immigration and Nationality Act. This act prohibits an employer from using your citizenship status to make employment decisions. This means your employer cannot consider it as part of a hiring or firing decision.
In addition, your employer cannot use practices that require unfair documentation. The law does require employers to obtain certain documents, but beyond that, your employer cannot request other documentation. This includes any documentation that goes beyond what your employer asks from other employees who are citizens.
Finally, your employer cannot use your citizenship status to harass you, intimidate you or for retaliation purposes. Basically, your employer cannot try to use your citizenship status to get you to do something or to stop you from doing something.
You have the right to report any violations of the law. You can contact the Immigrant and Employee Rights Section to report issues, and you may do so anonymously. You should never feel as if your citizenship status puts you at risk when it comes to your job. This information is for education and is not legal advice.
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Ted Hess & Associates, LLC, is located in Glenwood Springs, Colorado. We provide immigration services to those who live or work between Silverthrone/Breckenridge and Grad Junction and Between Grand Junction and Montrose.