The Immigration Reform and Control Act of 1986 (IRCA) makes
it illegal for employers to knowingly hire or continue to employ undocumented
workers. Therefore, employers can generally terminate undocumented
workers because of their undocumented status. Employers also can refuse
to hire workers because they are undocumented.
However, employers cannot
use the IRCA as an excuse to discriminate based on national origin.
For example, an employer is illegally discriminating on the basis of
national origin if she tells an undocumented worker of Chinese descent
that she cannot hire him because of the IRCA, but at the same time
hires undocumented workers of Mexican descent. Employers also cannot
use the IRCA to cover up wrongful (illegal) termination. A wrongful
termination may occur when an employer fires an employee because that
employee attempts to enforce an existing law or right that benefits
the public. For example, if an undocumented employee complains of a
health and safety violation or unpaid overtime pay and the employer
terminates that employee because of that complaint, then the employer
has wrongfully terminated the employee even if the employer says that
the employee’s immigration status was the reason for
the termination.
All workers, including undocumented workers,who are injured
on the job are eligible for workers’ compensation benefits to
cover the cost of medical treatment, and in some cases, lost wages.
However, people who are not authorized to work in the U.S. may not
be eligible for some job retraining benefits.
