IF YOU HAVE THE RIGHT TO WORK DON’T LET ANYONE TAKE IT AWAY
f you have the skills, experience, and legal right to work, your citizenship or immigration status shouldn’t get in the way. Neither should the place you were born or another aspect of your national origin. A part of U.S. immigration laws protects legally-authorized workers from discri-mination based on their citizenship status and national origin. You can read this law at Civil Rights Division | Immigrant and Employee Rights Section | United States Department of Justice.
The Immigrant and Employee Rights Section (IER) may be able to help if an employer treats you unfairly in violation of this law.
The law that IER enforces is 8 U.S.C. § 1324b. The regulations for this law are at 28 C.F.R. Part 44.
Call IER if an employer:
Does not hire you or fires you because of your national origin or citizenship status (this may violate a part of the law at 8 U.S.C. § 1324b(a)(1))
Treats you unfairly while checking your right to work in the U.S., including while completing the Form I-9 or using E-Verify (this may violate the law at 8 U.S.C. § 1324b(a)(1) or (a)(6))
Retaliates against you because you are speaking up for your right to work as protected by this law (the law prohibits retaliation at 8 U.S.C. § 1324b(a)(5))
The law can be complicated. Call IER to get more information on protections from discrimination based on citizenship status and national origin.
Immigrant and Employee Rights Section (IER)
Civil Rights Division | Immigrant and Employee Rights Section | United States Department of Justice
Civil Rights Division | Hotline, Technical Assistance & Referral Agencies (justice.gov)
U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section, January 2019
This guidance document is not intended to be a final agency action, has no legally binding effect, and has no force or effect of law. The document may be rescinded or modified at the Department’s discretion, in accordance with applicable laws. The Department’s guidance documents, including this guidance, do not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent. For more information, see “Memorandum for All Components: Prohibition of Improper Guidance Documents,” from Attorney General Jefferson B. Sessions III, November 16, 2017.