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The EEOC and Employment Discrimination Based on Sex and National Origin

Posted on Jan 23, 2014 by in Business, Employment Issues and Laws | 2 comments

A research conducted by the Center for Immigration Studies, an independent and non-profit research organization, shows that between and first quarters of the years 2000 and 2013, about 5.3 million legal and illegal immigrants found work in the United States.

U.S. employers are allowed by the government to employ foreign workers either on a temporary or permanent basis. There are statistical caps, though, for both employment statuses, which limit the number of people to be hired (limits are set per skill and nationality). Prior to being allowed to employ a foreigner, employers must first be issued a certification by the Department of Labor (DOL) to show proof that no American citizen is available for, or willing to take, the job. This requirement is called for to ensure that the hiring of immigrants will have no unfavorable effects in the job opportunities (including salaries and working conditions) of American citizens.

Being hired as a permanent employee has far greater advantages than when hired for temporary employment only. The limited period of work or temporary employment offered to a foreigner also means a temporary visa; thus, upon the termination of the visa, it will also be time for the hired foreigner to pack his/her bag and leave the US, unless the visa is extended by the U.S. Citizenship and Immigration Services or USCIS.

Permanent employment, however, means a green card (called Alien Registration Receipt Card or Alien Registration formerly) for the immigrant which, in turn, means lawful permanent residency – the immigration status of foreigners authorized by the United States to reside and work permanently in the country. And, as a permanent, legal worker, that means equal employment privileges and equal protection under the law, even and especially if the foreigner is a female. Click here to learn more about immigration law.

These mandates on equality are clearly stipulated in two separate laws passed by the US Congress – the Civil Rights Act of 1964 and the Equal Employment Opportunity Commission (also passed in 1964), a self-regulating body tasked to enforce the Civil Rights Act.

According to the 1998-99 U. S. Government Manual, the laws enforced by the EEOC strictly prohibits any form of discrimination in the workplace, whether based on age, disability, religion, color, race, national origin or sex where promotion, hiring, salary and benefits, firing, apprenticeship, training, testing or any other employment-related matter is concerned. Sex-based discrimination was added to the prohibitions enforced by EEOC after it was included, at the last minute, in the provisions of the Civil Rights Act. This last-minute addition illegalizes unfavorable treatment of an employee or an applicant due to that person’s gender, connection with a group of people of a certain sex or non-conformity with sex-stereotypes. Sexual discrimination also includes unfair treatment of the transgender, bisexual, gay and lesbian.

Any form or feeling of discrimination in the workplace can be reported to the EEOC, which also has the authority to investigate the case being complained about.


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