Chicago Citizenship & Work Authorization Discrimination Attorney

Were you denied a job, fired, harassed, or treated unfairly because of your citizenship status or authorization to work in the United States? You may have legal protections under federal and Illinois employment discrimination laws.

Employees and job applicants should not face unlawful workplace discrimination simply because they are naturalized citizens, lawful permanent residents, refugees, asylees, or otherwise authorized to work in the United States.

At Pinkston Law Group, P.C., Chicago employment attorney Danielle A. Pinkston represents workers facing citizenship status discrimination, work authorization discrimination, national origin discrimination, and workplace retaliation.

Employers must comply with federal employment eligibility verification requirements. However, they cannot use the hiring process, Form I-9 verification, or immigration-related assumptions as an excuse to unlawfully discriminate against protected employees.

If your employer has questioned your legal right to work, demanded unnecessary immigration documents, refused to accept valid employment authorization, or terminated your employment because of your protected status, you may have grounds for legal action.

Call Pinkston Law Group, P.C. at (773) 770-4771 to schedule an employment law consultation.

Learn more about our Chicago Employment Law Practice.

What Is Citizenship and Work Authorization Discrimination?

Citizenship and work authorization discrimination occurs when an employer unlawfully treats an employee or job applicant differently because of their protected citizenship status or authorization to work in the United States.

Federal law prohibits certain unfair immigration-related employment practices under the Immigration and Nationality Act, 8 U.S.C. § 1324b.

Illinois employees also receive protections under the Illinois Human Rights Act, which expressly prohibits employment discrimination based on citizenship status and work authorization status.

Examples of potential citizenship discrimination include:

• Refusing to hire a qualified lawful permanent resident solely because the applicant is not a U.S. citizen.
• Rejecting a naturalized U.S. citizen because of assumptions about immigration background.
• Refusing to accept valid employment authorization documents.
• Requiring certain employees to provide additional immigration documents based on citizenship or national origin.
• Terminating an employee because of the type of valid work authorization the employee possesses.
• Denying promotions or desirable assignments because of protected citizenship or work authorization status.
• Threatening immigration-related consequences in retaliation for asserting workplace rights.
• Applying different employment verification standards based on nationality or immigration-related assumptions.

Not every distinction involving citizenship or work authorization is unlawful. Some positions are legally restricted to U.S. citizens, and employers must comply with federal employment eligibility requirements.

However, an employer cannot automatically impose citizenship requirements where the law prohibits that distinction.

The Illinois Department of Human Rights’ guidance on employment protections for immigrants and non-citizens explains these protections in greater detail.

If you believe your employer violated your workplace rights, an experienced Chicago employment discrimination attorney can help evaluate your circumstances.

What Laws Protect Employees Against Citizenship Status Discrimination in Illinois?

Employees in Chicago and throughout Illinois may be protected by multiple federal and state employment discrimination laws.

The Immigration and Nationality Act (INA)

The Immigration and Nationality Act prohibits certain forms of citizenship status discrimination, national origin discrimination, unfair employment eligibility verification practices, and retaliation.

The U.S. Department of Justice’s Immigrant and Employee Rights Section enforces the INA’s anti-discrimination provisions.

Depending on the claim, federal protections may apply to:

• U.S. citizens and U.S. nationals.
• Naturalized U.S. citizens.
• Certain lawful permanent residents.
• Refugees and asylees.
• Other work-authorized individuals protected by particular provisions of the law.

Different federal protections have different eligibility requirements. Citizenship status discrimination protections under the INA are narrower than some protections against unfair documentary practices and retaliation.

The Illinois Human Rights Act

The Illinois Human Rights Act provides additional protections against employment discrimination based on citizenship status and work authorization status.

Illinois law expressly recognizes work authorization status as a protected category in employment.

This is particularly important for employees who possess valid federal authorization to work but experience discrimination because of the type or duration of that authorization.

For example, an employer’s refusal to consider an applicant solely because the applicant possesses an Employment Authorization Document rather than a green card may raise legal concerns.

The Illinois Human Rights Commission identifies citizenship status and work authorization status as protected employment categories.

Title VII and National Origin Discrimination

Some citizenship-related employment disputes also involve unlawful national origin discrimination under Title VII of the Civil Rights Act of 1964.

National origin discrimination may involve adverse treatment because of a person’s birthplace, ancestry, ethnicity, or certain characteristics associated with national origin.

For example, an employer who refuses to hire a qualified applicant because of the applicant’s accent or country of origin may violate federal employment discrimination laws.

Citizenship status discrimination and national origin discrimination are related but legally distinct claims.

Employees experiencing overlapping discrimination should consult a Chicago employment law attorney to determine which laws apply.

Can an Employer Refuse to Hire You Because You Are Not a U.S. Citizen?

In many circumstances, an employer cannot lawfully refuse to hire a protected, work-authorized applicant solely because the applicant is not a U.S. citizen.

Federal law prohibits certain employers from discriminating against protected individuals based on citizenship status in hiring, firing, and recruitment.

For example, an employer may violate the law by refusing to consider a qualified lawful permanent resident simply because the employer prefers U.S. citizens.

However, federal law recognizes exceptions when citizenship requirements are imposed by applicable laws, regulations, executive orders, or qualifying government contracts.

Certain federal statutory rules also permit limited citizenship preferences under specified circumstances.

The legal analysis depends on the employee’s status, the employer, and the requirements of the position.

The Department of Justice’s Immigrant and Employee Rights FAQs provide additional information about unlawful hiring discrimination.

If you were rejected for employment because of your citizenship status, Pinkston Law Group, P.C. can evaluate whether you may have a claim.

Work Authorization Discrimination Against Employees With Employment Authorization Documents

Employees who possess Employment Authorization Documents, commonly called EADs or work permits, may face unlawful discrimination when employers misunderstand or refuse to recognize their authorization.

An EAD generally provides evidence of federal authorization to work for its applicable validity period, subject to federal rules.

Examples of potential work authorization discrimination include:

• Refusing to hire someone because their valid EAD has an expiration date.
• Requiring an employee to produce a green card when other acceptable I-9 documents have been presented.
• Rejecting valid-appearing employment authorization documents because of assumptions about the employee’s immigration category.
• Demanding unnecessary additional documents from certain noncitizen employees.
• Terminating employees based on unsupported assumptions about their authorization to work.

Illinois law specifically prohibits certain employment discrimination based on work authorization status.

The Illinois Department of Human Rights provides examples involving EAD holders and unlawful employment practices.

Employees with valid work authorization should not automatically be excluded from employment opportunities because their authorization differs from another employee’s.

Form I-9 Discrimination: Can Employers Demand Extra Immigration Documents?

Employers are generally required to verify the identity and employment authorization of newly hired employees using Form I-9.

However, employers cannot use this process to engage in unlawful discrimination.

The federal anti-discrimination rules prohibit certain unfair documentary practices, sometimes called document abuse.

Examples include:

• Requiring noncitizens to present green cards instead of allowing them to choose from acceptable Form I-9 documents.
• Demanding additional documents based on citizenship status or national origin.
• Refusing to accept documents that reasonably appear genuine and relate to the employee.
• Requiring specific documents when the employee has already provided acceptable documentation.
• Subjecting employees to different verification procedures because of protected characteristics.

Under federal law, unfair documentary practices must satisfy the applicable discriminatory-intent requirements. Illinois law may provide additional protections.

Employers generally must permit employees to choose which acceptable documents to present from the Form I-9 Lists of Acceptable Documents.

For more information, see the Department of Justice’s guidance on unfair documentary practices.

If your employer has subjected you to discriminatory I-9 verification procedures, contact Pinkston Law Group, P.C. to discuss your employment rights.

E-Verify Discrimination and Unfair Employment Verification Practices

E-Verify is an electronic employment eligibility verification system used by participating employers.

Although employers may be required or authorized to use E-Verify, they must follow applicable rules and cannot use the system as a tool for unlawful discrimination.

Potential E-Verify violations include:

• Prescreening applicants through E-Verify when prohibited.
• Selectively using E-Verify for employees based on national origin or citizenship status.
• Taking prohibited adverse action against an employee while an E-Verify mismatch is being properly contested.
• Refusing to follow required procedures for resolving employment eligibility verification issues.
• Using the system to target particular groups of workers.

An E-Verify mismatch does not necessarily mean an employee is unauthorized to work.

Employees may have the right to contest certain mismatches through established procedures.

For additional information, review the Department of Justice’s Immigrant and Employee Rights resources.

Can Your Employer Fire You Because Your Work Permit Will Expire?

An employer generally cannot automatically terminate an employee merely because valid employment authorization has a future expiration date.

However, employers must comply with federal requirements concerning continued employment authorization and reverification when legally required.

The distinction between an approaching expiration date and an actual loss of employment authorization is important.

Potentially unlawful conduct may include:

• Firing an employee prematurely based solely on the type of valid work authorization.
• Refusing to recognize a legally applicable automatic extension.
• Applying different reverification requirements based on citizenship or national origin.
• Terminating an employee because of stereotypes rather than verified employment authorization requirements.

An employer may be prohibited from continuing employment when an employee is no longer legally authorized to work.

Because federal work authorization and extension rules can change, employees should obtain advice based on their specific immigration documentation and current legal requirements.

If you were terminated because of discriminatory assumptions about your work authorization, you may also have a claim involving wrongful termination under Illinois employment law.

Citizenship Discrimination, National Origin Discrimination, and Workplace Harassment

Citizenship and work authorization discrimination may occur alongside national origin harassment.

For example, an employee may experience:

• Derogatory comments about their country of birth.
• Repeated insults concerning immigration status.
• Offensive remarks about accents or language.
• Threats involving immigration authorities.
• Unequal workplace discipline based on nationality.
• Exclusion from employment opportunities because of protected characteristics.

Not every offensive comment constitutes unlawful harassment. However, sufficiently severe or pervasive harassment based on protected characteristics may create a hostile work environment under applicable law.

The Illinois Human Rights Act prohibits employment discrimination and harassment based on protected characteristics, including national origin.

Employees experiencing workplace harassment may have multiple legal claims depending on the facts.

Retaliation for Reporting Citizenship or Work Authorization Discrimination

Employers cannot lawfully retaliate against employees for engaging in activities protected by applicable federal or Illinois anti-discrimination laws.

Protected activity may include reporting citizenship discrimination, filing an administrative charge, participating in an investigation, or asserting rights under the INA.

Examples of possible retaliation include:

• Termination after reporting discriminatory I-9 practices.
• Demotion after complaining about citizenship discrimination.
• Threats designed to discourage employees from asserting legal rights.
• Retaliatory discipline following a protected complaint.
• Intimidation connected to an employee’s participation in an investigation.

An employee may have a retaliation claim even when the underlying discrimination allegation is not ultimately proven, provided the legal requirements for retaliation are satisfied.

Learn more about workplace protections through our Chicago Employment Law Practice.

The Department of Justice’s Immigrant and Employee Rights Section also provides information about retaliation protections under federal immigration-related employment discrimination law.

What Should You Do if You Experience Citizenship or Work Authorization Discrimination?

If you believe your employer has discriminated against you because of your citizenship or work authorization status, consider taking the following steps.

1. Preserve employment records. Save job applications, rejection notices, disciplinary documents, termination letters, and relevant employment communications.

2. Document discriminatory statements. Record dates, names, witnesses, and the substance of statements concerning your citizenship or work authorization status.

3. Keep copies of verification requests. Preserve Form I-9-related correspondence, E-Verify notices, and requests for additional documentation when lawfully available to you.

4. Document differences in treatment. Identify whether similarly situated employees were subjected to different verification or employment practices.

5. Report concerns through appropriate channels. Depending on the circumstances, internal reporting may help create a record of the complaint.

6. Consult an employment discrimination attorney promptly. Administrative filing deadlines can be short, and the appropriate agency depends on the claim.

Pinkston Law Group, P.C. can evaluate potential citizenship discrimination, work authorization discrimination, national origin discrimination, and retaliation claims.

How Long Do You Have to File a Citizenship Discrimination Complaint?

Strict deadlines apply to federal and Illinois employment discrimination claims.

Federal Immigration and Nationality Act Claims

Charges under the INA’s anti-discrimination provision generally must be filed with the Department of Justice’s Immigrant and Employee Rights Section within 180 days of the alleged discriminatory act.

See the DOJ’s Immigrant and Employee Rights Section for information about filing charges.

Illinois Human Rights Act Claims

Employment discrimination charges under the Illinois Human Rights Act generally must be filed with the Illinois Department of Human Rights within two years of the alleged civil rights violation, subject to applicable rules and exceptions.

Visit the Illinois Department of Human Rights for filing information.

Title VII National Origin Discrimination Claims

Many Title VII employment discrimination charges in Illinois must be filed with the EEOC within 300 days of the alleged discriminatory act.

Different procedural rules may apply depending on the claim, employer, and circumstances.

Because filing with one agency does not necessarily preserve every claim under every law, employees should obtain legal advice before a deadline expires.

What Compensation Can You Recover for Citizenship or Work Authorization Discrimination?

Available remedies depend on the law involved and the facts of the case.

Potential remedies may include:

• Back pay: Wages and benefits lost because of unlawful employment practices.
• Reinstatement: Returning to employment when legally appropriate.
• Hiring or other employment relief: Remedies addressing discriminatory hiring decisions.
• Injunctive relief: Orders requiring employers to stop unlawful practices.
• Compensatory damages: When authorized by the applicable statute.
• Punitive damages: When legally available and supported by the evidence.
• Attorney’s fees and costs: When permitted by applicable law.

Remedies under the INA differ from those available under Title VII and the Illinois Human Rights Act. For example, emotional distress and punitive damages are not generally available as individual monetary remedies under the INA’s Section 1324b enforcement framework.

An experienced Illinois employment discrimination attorney can assess which remedies may be available for your particular claims.

Why Choose Pinkston Law Group, P.C.?

At Pinkston Law Group, P.C., we understand that workplace discrimination can affect an employee’s livelihood, professional reputation, and financial security.

Attorney Danielle A. Pinkston represents employees facing unlawful employment practices, including:

• Citizenship status discrimination.
• Work authorization discrimination.
• National origin discrimination.
• Discriminatory employment verification practices.
• Workplace retaliation.
• Wrongful termination.
• Other employment discrimination claims.

Our firm evaluates employer communications, hiring records, employment verification practices, and other evidence to determine whether an employee’s rights may have been violated.

We represent employees throughout Chicago and Illinois and work to hold employers accountable when the evidence and applicable law support a claim.

Explore our Chicago Employment Law Services to learn more.

Frequently Asked Questions About Citizenship and Work Authorization Discrimination

Can an employer require U.S. citizenship for every job?

No. Citizenship requirements may be lawful for certain positions when required or otherwise permitted by applicable law. However, blanket citizenship requirements may violate federal or Illinois anti-discrimination laws in other circumstances.

Can an employer refuse to hire someone with a valid work permit?

An employer may not unlawfully discriminate because an applicant possesses a particular type of valid work authorization. However, lawful hiring decisions may depend on the position’s requirements and applicable immigration rules.

Is it illegal for an employer to demand a green card?

An employer generally cannot insist on a green card as the only acceptable Form I-9 document when the employee may lawfully present other acceptable documentation.

Can a naturalized citizen experience citizenship discrimination?

Yes. Naturalized U.S. citizens may be protected from unlawful employment discrimination based on citizenship status and related protected characteristics.

Can my employer ask whether I am legally authorized to work?

Yes. Employers may generally ask whether applicants are authorized to work in the United States and must comply with employment eligibility verification requirements. However, those requirements cannot be used as a pretext for unlawful discrimination.

Can my employer fire me because my EAD has an expiration date?

Not automatically. A future expiration date does not necessarily mean an employee currently lacks authorization to work. The employer must comply with applicable federal verification rules and anti-discrimination protections.

Can I report citizenship discrimination without being fired?

Federal and Illinois laws prohibit retaliation for certain protected discrimination complaints and related activities. Whether particular conduct is protected depends on the applicable statute.

What if my employer threatens to report me to immigration authorities?

Immigration-related threats may constitute unlawful retaliation, intimidation, or harassment depending on the circumstances. Employees should preserve evidence and seek legal guidance promptly.

How much does a citizenship discrimination case cost?

Attorney’s fees and case expenses depend on the representation agreement and the nature of the claim. Certain employment discrimination statutes authorize recovery of attorney’s fees under specified circumstances.

Contact Pinkston Law Group, P.C. to discuss consultation availability and applicable fees.

Speak With a Chicago Citizenship & Work Authorization Discrimination Attorney

If you have been denied employment, terminated, harassed, or subjected to unfair documentation requirements because of your citizenship status or work authorization, you may have legal options.

Pinkston Law Group, P.C. represents employees experiencing workplace discrimination throughout Chicago and Illinois.

Attorney Danielle A. Pinkston can review your circumstances, identify potentially applicable laws, and explain the next steps.

Schedule an Employment Law Consultation Today.

Pinkston Law Group, P.C.
Attorney Danielle A. Pinkston
30 N. Michigan Avenue, Suite 1004
Chicago, Illinois 60602

Phone: (773) 770-4771

Learn more about our Chicago Employment Law Practice.

Advertising Material. Disclaimer: This content provides general legal information and does not constitute legal advice. Employment and immigration-related laws are subject to change. Contacting the firm does not establish an attorney-client relationship.