National origin discrimination in the workplace is unfortunately still occurring entirely too often. The Immigration and Nationality Act in 8 U.S.C. Section 1324b prohibits this discrimination, but unfortunately, in many instances, it still happens in every part of employment. There are steps that businesses can take in order to prevent discrimination, however.
How to Prevent Discrimination
It is imperative that employers comply with the requirements in the Immigration and Nationality Act. There are many instances in which employers cannot discriminate including in job announcements, the hiring process, identity verification and in firing an individual based on nationality or ethnic origin.
It is important to note that employees have a right to file claims about discrimination that may occur to them in the workplace. With this in mind, it is imperative that employers also not provide retaliation in these instances. They also cannot investigate this complain themselves or assert their own rights.
If there are cases of discrimination claimed, IER will perform appropriate investigations. Not only will they investigate, however, but the EEOC will also investigate under the Civil Rights Act of 1964. For these reasons and more, it is essential to prevent discrimination by neglecting engaging in the behaviors listed above.
How to Prevent Discrimination in Identity Verification
Employers when hiring an individual have to ask the individual to provide identity verification documentation. To prevent discrimination in this process, it is imperative that the employer accept the documentation that the individual provides. It is important that the documentation appears to be genuine, however.
Employers can take more steps to avoid discrimination in this process as well. They should not ask for documentation until after the individual has accepted an offer and cannot refuse any documentation. Specific documentation cannot be requested either so long as I-9 requirements are met or E-verify document needs are met.
Specific Types of Discrimination to Prevent
There are specific types of discrimination that are important to prevent in the workplace that have not yet been mentioned. To start, employers cannot make judgments based on the look or sound of an individual’s voice. Generalized assumptions should not be made about an individual.
As mentioned previously, there are specific steps that must be taken in the hiring process. I-9 or E-verify documents cannot be specifically requested for discriminatory purposes. Hiring and firing decisions cannot be made simply based on a person’s nation of origin either.
Finally, as mentioned, it is important that no negative steps are taken if a claim is filed. Individuals in the workforce who feel as if they have been discriminated against due to national origin have the right to file a claim. This does not give the employer a right to retaliate through making assertions or conducting an investigation.