The Immigration and Control Act (IRCA)

The Immigration Reform and Control Act (RCA) is a federal law that prohibits employers from discriminating against employees based on their citizenship or immigration status. Here are five key points to keep in mind when bringing a claim under this law:

• You must show that your employer treated you less favorably than other employees because of your citizenship or immigration status.
• You must show that the discrimination was intentional.
• You can seek back pay, damages, and attorney’s fees if you are successful in your claim.
• You must file a charge with the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices before filing a lawsuit.
• You may also have a claim under state law, such as under the New Jersey Law Against Discrimination.

If you believe you have a claim under the IRCA, you should consult with an attorney to discuss your options and determine the best course of action.