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Penalties for employers who discriminate based on immigration status

Employers are not permitted to discriminate against employees for matters related to their national origin or immigration status. Employers that are found to take part in unlawful discrimination will face serious penalties. They may find themselves involved in a settlement or a lawsuit and face civil consequences. As noted in the Immigration and Nationality Act, some of the repercussions that a discriminatory employer may face includes:

  • Providing the individuals who were discriminated against with work, which may sometimes require back pay for wages lost as a result of the discriminatory acts
  • Required to post notices for employees to see so they know all of their rights as well as the employers’ obligations
  • Required to educate all staff that are involved in the hiring process with how exactly to verify an individual’s eligibility for employment as well as how to be compliant with laws
  • Removing incorrect information from an employee’s personnel file

It is also important to note that employers who act in discriminatory manners may be required to pay damages to the victim of the discrimination. This compensation may cover actual and future monetary losses, emotional stress, and for the inconveniences that the victim suffered. The court may require that the employer has to pay attorneys’ fees, witness fees, and court costs. If you have questions about your rights, contact us today.

If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance.