Are employers allowed to set different standards or expectations for immigrants?
In Virginia, employers are subject to the state’s employment discrimination law, which prohibits discrimination or harassment of any kind based on an individual’s race, color, religion, sex, pregnancy, childbirth or related medical conditions, age, national origin, disability, or veteran status. This means employers cannot set different standards or expectations for immigrants, unless there is a legitimate business reason for doing so. For example, if an employer needs to verify credentials or verify that an immigrant is legally allowed to work in the United States, then they may ask for additional documentation. However, employers may not set different standards or expectations simply because an individual is an immigrant. In some cases, an employer must provide additional accommodations to immigrant employees not provided to citizens. These include allowing more flexible hours and more frequent breaks, extended notice periods of termination, and allowing employees to take additional days off due to religious observances. Employees cannot be treated differently because of their immigrant status. In conclusion, employers in Virginia must follow the state’s employment discrimination laws which prohibits discrimination or harassment based on an individual’s race, color, religion, sex, pregnancy, childbirth or related medical conditions, age, national origin, disability, or veteran status. They may not set different standards or expectations for immigrants unless there is a legitimate business reason for doing so. Additionally, employers must provide additional accommodations to immigrant employees not provided to citizens, such as allowing more flexible hours and more frequent breaks.
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