Immigration Reform and Control Act of 1986’s (IRCA) EEO Provisions


Summary

The Immigration Reform and Control Act of 1986 (IRCA), Pub. L. 99-603, requires that employers attest to their employees’ citizenship status and creates criminal and financial penalties for employers that knowingly hire illegal aliens. The equal employment opportunity (EEO) provisions of IRCA, codified at 8 U.S.C. § 1324b, prohibit employers from discriminating against applicants and employees on the basis of citizenship status or national origin. This practice note addresses the coverage of IRCA, prohibited discriminatory conduct under IRCA, enforcement of IRCA, the elements of IRCA discrimination and retaliation claims, defenses to IRCA claims, and potential remedies for IRCA discrimination and retaliation claims.