Employment Rights For Immigrants And Individuals With Criminal Records

In the job market, the ideal is for all applicants to be given equal opportunity based on their qualifications. Unfortunately, discrimination can occur, and when it does, it’s not only unfair—it’s against the law. Understanding the legal protections in place can help safeguard your employment rights.

The Equal Employment Opportunity Commission (EEOC) enforces federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.

For immigrants, the EEOC ensures protection against discrimination based on national origin. Similarly, the Immigration and Nationality Act (INA) prohibits discrimination in recruitment, hiring, and firing based on citizenship status or national origin, and protects against unfair documentary practices during employment eligibility verification.

Policies like Ban-the-Box and Fair Chance Hiring also seek to prevent discrimination against individuals with criminal records by limiting when an employer can inquire about an applicant’s criminal history.

If you experience discrimination during your job search, you can:

  1. Seek assistance from support or advocacy groups that can provide information on legal rights regarding employment.
  2. Consult with a legal team or law firm that specializes in employment discrimination.
  3. Report unfair treatment or discrimination to the EEOC or the Immigrant and Employee Rights Section within the prescribed time limits.

For more information about your employment rights and the steps you can take if you’ve been discriminated against, check out the infographic below.

Infographic created by Sanchez & Baltazar Attorneys, experienced criminal battery lawyer ready to defend your rights