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EEO’s Provisions of Immigration Reform and Control Act (IRCA)

Immigration Reform and Control Act (IRCA) and its Equal Employment Opportunity (EEO) Provisions

Every employer needs a hands-on guide to the provisions of EEO (Equal Employment Opportunity) as set forth under the Immigration Reform and Control Act (IRCA) of 1986. Pursuant to Pub. L. 99-603, IRCA serves to provide financial and criminal penalties for employers that knowingly hire illegal aliens and requires that employers attest to the citizenship status of their employees. Importantly, employers are prohibited from discriminating against employees and applicants based on their nationality origins and citizenship statuses by the EEO’s provisions of IRCA, as codified at 8 U.S.C. § 1324b.

In light of these provisions, it is critical to address a number of issues related to IRCA and its EEO provisions including (1) individual coverage of Immigration Reform and Control Act (IRCA), (2) employer coverage of Immigration Reform and Control Act (IRCA), (3) conduct prohibited by Immigration Reform and Control Act (IRCA), (4) enforcement & statute of limitations of IRCA, (5) discriminations claims & burdens of proof under IRCA, (6) retaliation claims and burdens of proof under IRCA, (7) citizenship preferences permitted in certain instances under IRCA, and (8) remedies provided under IRCA.

In this regard, stay on the lookout for Part II of this new series, in which we shall kick-start this discussion by hammering on “Individual Coverage of Immigration Reform and Control Act (IRCA),” as the first key issue related to the Immigration Reform and Control Act (IRCA) and its Equal Employment Opportunity (EEO) provisions.

In the meantime, stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer, Author, & Publisher.