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Discussion Of Employee Rights Under IRCA

  • Discusión de Derechos de Empleado Bajo IRCA
  • Employee Rights Under IRCA From The Idaho Human Rights Commission

    The Immigration Reform and Control Act of 1986 (IRCA) prohibits discrimination on the basis of national origin and citizenship status in hiring, referral and recruitment for a fee, and discharge. IRCA also prohibits unfair treatment in the I-9 process, as well as retaliation against individuals pursuing their right under this portion of the law. If you believe an employment decision has been made based on your national origin or citizenship status, or if you believe you have been treated unfairly in the I-9 process, contact the U.S. Department of Justice, Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC). OSC may be contacted at:

    Who Is Protected?

    All individuals are protected against national origin discrimination. All United States citizens, and those protected individuals who are lawfully admitted into the U. S. and pursue naturalization when eligible, are protected against citizenship status discrimination.

    What Is Covered?

    All employment decisions concerning hiring, referral and recruitment for a fee, and discharge are covered by IRCA. In addition, IRCA prohibits unfair treatment in the I-9 process, as well as retaliation for pursuing one's rights under this portion of the law

    What Is The I-9 Process?

    The I-9 process must be completed for each employee hired after November 6, 1986. To complete the I-9 process, the Form I-9 is filled-out and is retained by the employer. Each employee must present an identity and work eligibility document. The acceptable documents are listed on the back of the Form I-9, which should be reviewed with the employee before the form is completed.

    Which Employers Are Covered?

    All employers with four or more employees must comply with the anti-discrimination provision of IRCA.

    Employee Rights

    Employee Responsibilities

    Idaho's Anti-Discrimination Laws

    Idaho employers with five or more employees also fall under the jurisdiction of Idaho's Human Rights Act (IHRA). IHRA prohibits discrimination on the basis of race, color, national origin, sex, religion, age (40+), and disability. This law applies to all areas of the employment relationship, including hiring, discharge, terms and conditions of employment, wages, hours, and benefits, and it protects all employees, regardless of citizenship status. If you believe you have been discriminated against for any of the above reasons, you may contact the Human Rights Commission at:Contact the Commission


    Retaliation against an individual who has engaged in a protected activity is unlawful. "Protected activity" means opposing conduct which a person, in good faith, reasonably believes to be unlawful under the anti-discrimination statutes or participating in Commission proceedings, which are set up for the enforcement of the anti-discrimination statutes.