What are the rights of employees under the Immigration Reform and Control Act?

The Immigration Reform and Control Act (IRCA) of 1986 provides certain rights to employees in California and throughout the United States. These rights primarily concern the prohibition of discrimination against individuals based on their citizenship or immigration status. Under the IRCA, employers are prohibited from discriminating against individuals based on their status as a United States citizen, an immigrant authorized to work, or a non-U.S. citizen authorized to work. This means that employers cannot refuse to hire an individual on the basis of their citizenship or immigration status. Additionally, employers must not treat individuals differently on the basis of their citizenship or immigration status. The IRCA also states that employers must not require employees to provide more documents or forms than are required to verify their identity and employment eligibility. This means that employers cannot demand additional information from employees beyond what is required by federal law. The IRCA also protects the right of employees to work without experiencing harassment or intimidation due to their citizenship or immigration status. Employers are prohibited from discriminating against employees by creating a hostile work environment, denying equal opportunities, or intimidating or harassing employees. Finally, the IRCA requires employers to maintain records of the documents used to verify employment eligibility for a period of three years. This helps to ensure that employers are following the law and not discriminating when it comes to hiring employees.

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