Practice Areas

Test Your Knowledge - February 2013

February 2013

By: Jennifer Adams Murphy, Esq. and Ryan L. Young, Esq.

Fact of the Month

Claims of discrimination under the Immigration Reform and Control Act, 8 UCS 1324, must be initiated by an employee by filing a charge with the Special Counsel for Immigration-Related Unfair Employment Practices of the Department of Justice. The charge must be filed within 180 days of the alleged unfair immigration-related practice.

1. Title VII does not prohibit discrimination on account of citizenship or alienage.

a. True

b. False

2. An illegal worker may not assert a claim for race or national origin discrimination under Title VII.

a. True

b. False

3. The Illinois Human Rights Act does not prohibit discrimination on account of citizenship.

a. True

b. False

4. The Immigration Reform and Control Act (check correct answers):

a. Applies only to employers with 15 or more employees

b. Prohibits discrimination on account of national origin

c. Prohibits discrimination on account of citizenship status

ANSWERS

1. True. Title VII's prohibition against national origin discrimination has been narrowly construed by the U.S. Supreme Court and does not "make it illegal to discriminate on the basis of citizenship or alienage." See Cortezano v. Salin Bank & Trust Co., 680 F.3d 936(7 th Cir. 2012).

2. False. Although discrimination on the basis of citizenship is not prohibited by Title VII, courts have generally ruled that illegal workers may sue for other types of discrimination under Title VII. EEOC v. Switching Systems, 783 F. Supp. 369 (N.D. Ill. 1992). However, some courts have ruled that illegal workers may not recover "front" or "back" pay awards.

3. False. Unlike Title VII, the Illinois Human Rights Act expressly prohibits discrimination by employers on the basis of citizenship status. 774 ILCS 5/2-102(A).

4. B & C. The Immigration Reform and Control Act, 8 USC 1324b, prohibits discrimination both on account of national origin and citizenship. Unlike Title VII which applies to employers with more than 15 employees, this law applies to employers with 4 or more employees.