Can I File a Discrimination Lawsuit If I'm Not a US Citizen?

America is a country of immigrants. Unfortunately, noncitizens regularly face discrimination because of personal characteristics such as ancestry, accent, or immigration status. Employers cannot discriminate against applicants or employees just because they suspect they are not citizens.

If an employer treats you differently based on your citizenship status, you can file a discrimination lawsuit. If you are a noncitizen worker in the U.S., contact a discrimination lawyer to understand your legal rights.

Legal Protections for Non-US Citizens

There are millions of people in the United States who are not U.S. citizens. This includes people with legal status as lawful permanent residents, tourists, temporary workers, and international students. Immigration laws give many noncitizens the right to live and work in the U.S. while on a visa or during the naturalization process.

There are also people in the U.S. without lawful immigration status. Immigration laws treat these people differently. However, many state and federal anti-discrimination laws protect people regardless of immigration status in the following areas:

Housing Discrimination Against Non-US Citizens

The federal Fair Housing Act (FHA) prohibits housing discrimination against people in certain protected classes. The FHA does not explicitly list immigration status, but it does include national origin, which may provide protection for noncitizens. Some state fair housing laws, such as California’s, explicitly protect people regardless of immigration status.

Education Discrimination Against Non-US Citizens

Title VI of the Civil Rights Act of 1964 prohibits education discrimination on the basis of national origin. In Plyler v. Doe (1982), the U.S. Supreme Court ruled people have the equal right to education, regardless of immigration or citizenship status.

Other Civil Rights Protections and Non-US Citizens

Other civil rights laws only extend to U.S. citizens. For example, voting in federal elections is only open to U.S. citizens. This includes voting for U.S. citizens living in or outside the United States. For state elections, citizens have to meet their state’s residency requirements. Noncitizens cannot vote in U.S. elections.

Employment Discrimination for Non-US Citizens

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination for various protected classes. It does not explicitly cover citizenship status, but it does include national origin.

National origin discrimination involves different treatment for workers based on where they’re from. Even if the employer is wrong about their origin, suspected national origin discrimination is still illegal. Types of discrimination based on national origin include unfavorable treatment because of:

• Country of origin
• Place of birth
• Ancestry
• Native language
• Accent

The Immigration and Nationality Act (INA), as amended by the Immigration Reform and Control Act (IRCA) of 1986, prohibits discrimination based on citizenship status if the person has work authorization. This includes different treatment in hiring, firing, recruiting, and other job conditions. INA anti-discrimination provisions apply to all employers.

Examples of Employment Discrimination Against Noncitizens

Employment discrimination against noncitizens can take many forms, including:

• Requiring citizenship in job advertisements
• Requiring English when it is not necessary for the job
• Lower pay or denied benefits for noncitizens
• Retaliation and intimidation

Employers cannot retaliate against you for reporting unsafe work conditions or violating wage and hour laws. Employers cannot punish noncitizens for engaging in protected activities such as reporting discrimination, cooperating in government investigations, or reporting employer violations. The INA protects workers against unlawful intimidation, coercion, and retaliation.

Employers also can’t make workers provide documentation beyond what is legally required. For example, if a job applicant has work authorization and identification documents that meet immigration requirements, employers can’t ask for an additional birth certificate or passport if they suspect the person is an undocumented worker.

Work Authorization for Citizens and Noncitizens

Noncitizens need work authorization for employment in the U.S. There are many categories of noncitizens who can get an Employment Authorization Document (EAD). Noncitizens with work authorization can include:

• Permanent residents (green card holders)
• Asylees and refugees
• Non-immigrant work visas
• Temporary worker visas

Employers hiring workers without EADs can face sanctions under the Immigration Reform and Control Act (IRCA). Employers must verify employment eligibility with an Employment Eligibility Verification Form (I-9).

Some jobs and professions are also limited to citizens. Government contracts, federal government jobs, and jobs requiring security clearances may be restricted to U.S. citizens. When laws or government contracts require U.S. citizenship, refusing to hire noncitizens is not citizenship status discrimination.

Social Security numbers (SSNs) are not proof of employment eligibility. SSNs are for reporting wages to the Internal Revenue Service (IRS). Noncitizens with and without work authorization can still get Social Security cards.

Process for Filing an Employment Discrimination Lawsuit

You can file an employment discrimination claim with the U.S. Equal Employment Opportunity Commission (EEOC). Generally, there is a 180-day time limit to file a discrimination charge. However, it can be up to 300 days in some cases. If you cannot resolve your claim through the EEOC, you may file a discrimination lawsuit against your employer.

Learn more about the EEOC complaint process and requirements to sue for discrimination. Talk to an employment discrimination lawyer to make sure you file your complaint in time.

The Immigrant and Employee Rights Section (IER) of the U.S. Department of Justice’s Civil Rights Division investigates national origin discrimination complaints for employers with four to 14 employees. For employers with 15 or more employees, the EEOC investigates discriminatory employment practices.

You can also report employment discrimination to your state human rights division. Some state laws have stronger anti-discrimination protections for workers than under federal laws. Some states allow you to file a lawsuit without filing a claim with the state or federal agency.

Remedies in an Employment Discrimination Lawsuit

There are different types of legal remedies available in a discrimination lawsuit. Legal remedies include compensatory damages and injunctive relief.

Damages include financial compensation for your losses. If your employer wrongfully fired you because you are not a citizen, damages can include back pay and lost benefits. You can also sue for punitive damages to punish the employer for their wrongful actions.

In some cases, you may want injunctive relief. This requires the employer to do something or stop doing something. For example, you could sue your employer to reinstate your job. Other options include promoting you to a better position or requiring training for your employer.

Seeking Legal Assistance for Employment Discrimination

Many workers who suffer discrimination never report the unjust treatment. Workers may think they can’t afford a lawyer or don’t think they have a case. Some employment discrimination lawyers work on a contingency fee basis. This means you won’t owe the lawyer money unless they win compensation. In some cases, you can also sue your employer for legal fees to cover your legal costs.

An employment discrimination lawyer can review your case and explain your legal rights. They can talk about your legal options to report discrimination or file a lawsuit in court. Contact an experienced discrimination attorney for legal advice about your case.