Employment Rights For Immigrants And Individuals With Criminal Records

The first thing you should be familiar with is the Equal Employment Opportunity Commission, or EEOC. Protecting everyone in the United States, this federal agency enforces laws surrounding employment, including recruitment and hiring practices. The EEOC is in place to prohibit the discrimination and harassment of employees due to their race, national origin, religion and sex as well as any physical or mental disabilities.

As such, the EEOC protects immigrants from being discriminated against by employers. Whether the unfair treatment stems from a person’s customs, language or looks, it is unlawful for any place of employment to discriminate against someone based on national origin. Another important regulation that protects immigrants is the Immigration and Nationality Act (INA). This law prohibits employers from discrimination based on citizenship status or national origin during recruitment, hiring and termination. It also has antidiscrimination provisions in place to bar unfair documentary practices within the employment eligibility verification process, such as Form I-9 and E-Verify processes.

There are also policies in place to protect people who have criminal records. One such movement is Ban-the-Box. This law prohibits employers from asking job candidates about their conviction history during the application and interview process. Along the same lines are Fair Chance Hiring policies. On a federal level, the Fair Chance Act places limitations on the information an employer can request related to criminal history prior to making a conditional offer of employment. Certain states, such as Illinois and California, also have Fair Chance regulation to consider as well.

If you or someone you know has been a victim of discrimination by an employer, there are resources to help. First, reach out to support or advocacy groups to learn more about the legal rights surrounding employment. You could also seek legal guidance by consulting a trusted legal team or law firm specializing in these types of cases. Keep in mind, it’s important to report any unfair treatment or discrimination in a timely manner. This may involve reporting to the EEOC, the Immigrant and Employee Rights Section or other such official channels put in place to protect the rights of workers just like you.

Want to learn more about your employment rights? Check out the accompanying resource from Sanchez & Baltazar Attorneys for further information.

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