The Immigration and Nationality Act

The issue of immigration, nationalities, and employment of individuals in the United States can be a very divisive and intricate topic, especially during times of financial downturn and struggle. It is important for employers to be aware of the rules regarding the hiring of employees and the proper steps an employers should take to make sure that all employees are legally allowed to work in the U.S.

As long as an employee is legally allowed to work in the United States, it is important for employers to practice fair employment practices and not discriminate against individuals on the basis of nationality, race, gender or other reasons. It is essential to fairly assess potential employees and make sure that they are accurately judged on their qualifications, work history, and ability to perform the required duties of the employer.

The Immigration and Nationality Act (INA) provides protection for individuals who are discriminated against as a result of their nationality. In addition, it has employment eligibility provisions and verification before hiring. If an employer fails to follow the regulations set forth by the INA, the company may face serious legal consequences, fines, and may even lose the right to continue to do business.

The INA sets forth the following requirements:

• Employers may not hire persons who are not legally allowed to work in the United States
• The identity and eligibility to work should be verified before an individual may be hired
• All hired employees must fill out I-9 Employment Eligibility Verification forms before the hire can be official
• Businesses should keep all I-9 forms on hand for at least three years, or at least one year after the person's employment ends

If an employer fails to follow the rules outlined by the Immigration and Nationality Act, they may face fines and punishment from regulatory agencies and may also face civil lawsuits if employees feel that they may have been discriminated against.

Persons who have been the victim of discrimination on the basis of nationality may choose to consult an experienced employment lawyer to discuss their legal options. If you have been the victim of discrimination in the workplace, you may be eligible for compensation from your employer for lost wages, unfair treatment, mental and emotional trauma, and other damages.

For more information on discrimination and nationality, visit the website of the San Antonio employment lawyers of Melton & Kumler, LLP.

Joseph Devine