Under the new law, discrimination is prohibited in conduct that involves hiring, discharge, and recruitment for a fee, e.g., employment placement services. The law applies to all employers who employ more than three workers.
The law prohibits discrimination on the basis of national origin or against United States citizens and authorized aliens who are intending citizens. While national origin is not defined in the regulations, the term refers both to “the country where the person was born” as well as to “‘the country from which his or her ancestors came’’. Thus, the employer cannot favor one nationality group over another in his or her work force. To maintain the status of intending citizen, the alien must apply for naturalization within the first six months of becoming eligible to do so. This means, in most cases, five years from lawful temporary residence, whichever is sooner.
Some exceptions to the law exist, such as when discrimination is required by law or regulation. For example, Federal Civil Service jobs in some state laws can be limited to citizens to the exclusion of intending citizens. Furthermore, an employer is permitted to hire a citizen over an intending citizen “if the two individuals are equally qualified”.
Anyone wishing to discuss these matters in more detail, or any other immigration related problem, may contact David A. Barnett, Esq. of the law firm of Frenkel & Hershkowitz, P.C. at 319 Fifth Avenue, New York, New York 10016, (212) 679 4666 for a free consultation. You may also send written questions to the above address. Responses will be published in subsequent issues.
Article extracted from this publication >> November 24, 1989
