Hiring Practices: Nationality Discriminiation
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Robert's father was an American and a citizen of the United States, and Robert's mother was a citizen of Great Britain. Robert was born in Great Britain, so he had dual citizenship - United States and Great Britain. When Robert became an adult, he renounced his United States citizenship, reaffirmed his citizenship in Great Britain, and began living in England. Later, Robert moved to the United States and became a resident alien of the United States and began work as a computer programmer. Robert applied for a job with a new and fast-growing Internet start-up company on the West Coast, but during the interview process, Robert mentioned that he had renounced his United States citizenship but that he was now a resident alien in the United States. The interviewer told Robert that Robert's citizenship situation was troubling, and Robert was not offered the job.
Was the refusal to hire Robert because of his citizenship situation a violation of the prohibition of discrimination in employment based on national origin in Title VII of the Civil Rights Act? Are there other laws that prohibit this employer from discriminating in employment against Robert? What are those laws? Do these laws apply in this case? Why, or why not?
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The Immigration Reform and Control Act of 1986 (IRCA) is a law that bans discrimination in regard to employers using a person's citizenship or immigration status to hire, fire, or charge recruitment or referral fees based upon an individual's citizenship or immigration status. This law ...
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