Are employers allowed to set different standards or expectations for immigrants?

In California, employers are generally not allowed to set different standards or expectations for immigrants when it comes to employment discrimination law. Under state and federal law, employees are protected from discrimination based on certain protected characteristics, including national origin, immigration status, and citizenship status. This means employers cannot create different hiring criteria, job expectations, compensation, or work conditions based on the employee’s immigration or citizenship status. While employers are allowed to set higher qualifications or expectations for certain positions, they must do so in a way that does not have a disproportionate impact on immigrants. For example, employers cannot make a position open only to citizens of certain countries or require an advanced degree that immigrants are less likely to possess. In addition, employers must be careful not to ask job applicants questions or make hiring decisions based on their immigration or citizenship status—this type of behavior may violate employment discrimination laws. In sum, employers in California must treat all employees the same regardless of their immigration or citizenship status, and any expectations or standards must be applied similarly to all employees. Employers may set different standards for different positions, but those standards must be applied equally to all employees regardless of their immigration or citizenship status.

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Are employers allowed to set different standards or expectations for immigrants?

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