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Immigration Reform and Control Act


   

The Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful for an employer to hire any person who is not legally authorized to work in the United States, and it requires employers to verify the employment eligibility of all new employees.

IRCA also prohibits discrimination in hiring and discharge based on national origin (as does Title VII) and on citizenship status. IRCA's anti-discrimination provisions are intended to prevent employers from attempting to comply with the Act's work authorization requirements by discriminating against foreign-looking or foreign-sounding job applicants.

IRCA's anti-discrimination provisions apply to smaller employers than those covered by EEOC-enforced laws.

IRCA's national origin discrimination provisions apply to employers with between 4 and 14 employees (who would not be covered by Title VII).

IRCA's citizenship discrimination provisions apply to all employers with at least 4 employees.

IRCA is enforced by the U.S. Department of Justice. For information on IRCA's anti-discrimination provisions, contact:

United States Department of Justice
Office of Special Counsel for Immigration-Related
Unfair Employment Practices
(800) 255-8155 (employer hotline/voice)
(800) 237-2515 (TDD)
http://www.usdoj.gov/crt/osc

 

Back to Equal Employment Opportunity

 

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