The Immigration Reform and Control Act of 1986 (IRCA) prohibits employers from discriminating based on national origin or citizenship in hiring, firing, recruiting or referring for a fee, or the employment eligibility verification process. IRCA's anti-discrimination law is enforced by the Office of Special Counsel for Unfair Immigration-Related Employment Practices (OSC), a department in the Civil Rights Division of the Department of Justice. Employers should understand what conduct is prohibited by IRCA and ensure the conduct does not occur in their own organizations.

IRCA's anti-discrimination section applies to employers with four or more employees. Claims of national origin discrimination against employers with 15 or more employees may be made to the Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights Act of 1964 (Title VII). For a comparison of the EEOC and OSC authority over immigration-related discrimination, see Immigration-related Discrimination Enforcement Comparison Chart.

The OSC offers employers training and resources to prevent IRCA discrimination on its website. Although only employers with at least four employees are covered by the IRCA anti-discrimination law, all employers must complete employment eligibility verification under IRCA using Form I-9. For guidance on IRCA compliance, see Practice Note, Demonstrating the Right to Work in the United States: Best Practices for IRCA Compliance.

The first step in preventing discrimination is recognizing what constitutes national origin or citizenship discrimination under IRCA. Examples of discriminatory conduct under IRCA include:

(See OSC: Fact Patterns Flyer.)

For more information on IRCA discrimination, see Practice Note, Discrimination: Overview: IRCA.