. Though there is a social debate as to whether the term alien is improper, it is the definition under the law for "any person not a citizen or national of the United States." As I stated in the audio lecture, Title VII does not protect "aliens" explicitly, but "aliens" enjoy Title VII protections. Also, we saw where aliens, including illegal aliens/undocumented immigrants, have causes of action against employers for violations of federal laws, such as the FLSA, despite the fact that they had no lawful right to be here. Do we have it right presently when it comes to the protection of aliens, including illegal/undocumented ones? Do we need to broaden or narrow the protections afforded to aliens in employment? Also, should we be able to discriminate facially on the basis of citizenship?
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Immigration Status Discrimination occurs when an employer treats an individual differently based upon their citizenship or immigration status. U.S citizens, recent permanent residents, aslyees, and refugees are protected from immigration status discrimination. The only exception applies to permanent residents who do not apply for naturalization within six months of eligibility; these individuals are not protected from immigration status discrimination. This type of discrimination deals largely with abusive requests for paperwork related to ones immigration status. Immigration status discrimination is also sometimes referred to as citizenship status discrimination and is closely linked to National Origin Discrimination.
IRCA's anti-discrimination provision prohibits discrimination against “protected individuals,” who include citizens or nationals of the United States, permanent residents, lawful temporary residents, refugees, and asylees.
U.S. citizens, U.S. nationals, and authorized aliens are protected from discrimination on the basis of national origin if the employer employs more than 4 employees. While Title VII covers only workplaces with 15 or more employees, INA/IRCA prohibits discrimination on the basis of national origin in workplaces where the employer employs between 4 and 14 employees.
If two non-citizens have different immigration status, an employer may not favor one status (such as permanent resident) over another (temporary resident with work authorization) or require certain kinds of documents from one employee and not from the other.
according to me, we should narrow down the protection based on the safety of our country because if person who is alien can be part of terrorist groups who is in our country to harm our citizens so proper documentation and government verification is very needed to check if they are eligible for being our country's citizen or not.
We should not discriminate facially because we do not know who is the citizen of our country or who is not based on facial charactersitics. also it is wrong to discriminate anyone either alien or citizen. even alien gets protection from some discrimination based on the citizenship of their country.
. Though there is a social debate as to whether the term alien is improper, it...
Case 10.4 Gena Duckworth v. St. Louis Metropolitan Police Department 2007 U.S. App. LEXIS 17137 (8th Cir.) The issue in the case that follows is whether assigning female police officers to the nightwatch is a bona fide occupational qualification. BENTON, CIRCUIT JUDGE. Three female officers sued their superiors for gender discrimination under Title VII of the Civil Rights Act of 1964 and the Missouri Human Rights Act. The district court denied the defense of qualified immunity to the police superiors....