How can you avoid discrimination allegations?

| Jun 10, 2020 | Firm News |

As an employer, it is up to you to have nondiscrimination policies in place, not only for yourself but for other employees. In accordance with federal law and as a part of the Immigration and Nationality Act, no employer can discriminate against a person based on immigration status, citizenship or national origin. This means that you cannot discriminate in the interview, application process or when terminating employment.

Do you understand your responsibilities and the rights of your workers? The U.S. Citizenship and Immigration Services provides a guide to discrimination prevention.

Do not engage in retaliation

Sometimes, it can be difficult when an employee begins an investigation against you or your company due to a discrimination complaint. No matter if the allegations are true or false, you cannot retaliate against any person who participates in an investigation. It is important that you allow the process to take place. If an employee files charges of discrimination or asserts his or her rights under anti-discrimination laws, it is crucial that you accept his or her decision and do not terminate his or her position.

Accept all valid documents

As the employer, you have to accept all valid documents that an employee presents to you. You cannot ask to see employment authorization documents based on a person’s citizenship, national origin or immigration status until the person accepts a job offer. Likewise, you cannot refuse to accept a document because the document may expire in the future. While you can reject documents if these documents do not appear genuine, you cannot question valid documents or refuse acceptable documents.