The Immigration Reform and Control Act (IRCA):

Question

Quizplus · Accepted Answer

The Immigration Reform and Control Act (IRCA), in contrast to Title VII, does prohibit employers in certain circumstances from discriminating against employees on the basis of their citizenship or intended citizenship. However, the IRCA makes it illegal for employers to knowingly hire those not legally authorized for employment in the United States. The IRCA also allows discrimination in favor of U.S. citizens as against legal "aliens" (non-US citizens legally residing in the United States). While these individuals are guaranteed various rights pursuant to the Constitution, the law confers certain benefits only to those who are citizens and not to those who are legal residents but non-US citizens. For instance, while rights pursuant to the National Labor Relations Act and Fair Labor Standards Act are provided to citizens and non-citizens, alike, some government-provided benefits are limited to citizens. Also, the IRCA allows employers to enact a preference for U.S. citizens, if the applicants are all equally qualified. Employers may not act on this preference if the foreign national is more qualified for the position than the U.S. Citizen. Employers not subject to Title VII's prohibitions because of their small size (less than 15 employees) may still be sufficiently large to be covered by IRCA's anti-discrimination provisions; those employers with 4 to 14 employees are prohibited from discriminating on the basis of national origin; and employers with 4 or more employees may not discriminate on the basis of citizenship.