HRM 5118 CU National Origin Discrimination Discussion

Lucinda, a manager in a large mail-order distribution warehouse, supervises a diverse workforce that employs temporary foreign workers, legal immigrants, and U.S. citizens. Her largely foreign workforce is highly trained, experienced, and has helped the company establish foreign business connections. Yet, at times she fears that a lapse in paperwork could result in trouble for the company if Immigration Enforcement (ICE) were to make a visit.

This week, you will learn about national origin discrimination, the rights of immigrants, and the rights and responsibilities of the employer with respect to hiring immigrant and foreign workers. You will evaluate a workplace policy that could infringe on the rights of foreign, domestic, and immigrant workers and expose the employer to legal risk.

National Origin discrimination is prohibited by Title VII and the Immigration Reform and Control Act of 1986 (IRCA). However, IRCA also prohibits employers from hiring anyone not authorized to work in the United States. Employers must follow both laws and ensure that all workers are protected from discrimination based on national origin while also complying with immigration laws.

Using your textbook readings, respond to the following scenario:

A large U.S. retail distribution center has adopted the following rules. Violation of any of these policies results in termination.

• All workers must provide proof of either: U.S. citizenship, a valid green card evidencing permanent U.S. residency, a valid work visa, or a student visa with work authorization.
• Candidates with U.S. citizenship may be given preference in hiring.
• All workers must be fluent in English without a heavy accent.
• No one may speak a language besides English in the workplace at any time, even on breaks, for safety reasons.

As an HR specialist, advise the company of the legality of these policies and explain any legal risk involved.

https://www.law.cornell.edu/supct/cert/09-291

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