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Federal Law
INA Section 1324b — Immigration and Nationality Act - Anti-Discrimination Provision
8 U.S.C. § 1324b
Employer Size
4+
Filing Deadline
180 days
Extended Deadline
— days
Overview
Section 1324b of the Immigration and Nationality Act (INA) prohibits citizenship status discrimination and national origin discrimination in hiring, firing, and recruiting or referring for a fee. It also prohibits unfair documentary practices (document abuse) during the employment eligibility verification process (Form I-9), where an employer demands more or different documents than required or rejects reasonably genuine-looking documents. The INA's anti-discrimination provision fills a gap left by Title VII for smaller employers: it covers national origin discrimination for employers with 4 to 14 employees and citizenship status discrimination for employers with 4 or more employees. The provision is enforced by the Department of Justice, Immigrant and Employee Rights Section (IER).
Key Provisions
- Prohibits citizenship status discrimination in hiring, firing, and recruitment for employers with 4+ employees
- Prohibits national origin discrimination for employers with 4-14 employees (complementing Title VII for larger employers)
- Prohibits unfair documentary practices (document abuse) during the I-9 verification process
- Prohibits retaliation against individuals who file charges, assist in investigations, or assert their rights
- Enforced by the Department of Justice Immigrant and Employee Rights Section rather than the EEOC
Available Remedies
Back payCivil penalties ($250-$2,000 per individual for first offense, higher for subsequent offenses)Cease-and-desist ordersAttorney feesOrder to hire or reinstate the affected individual
Filing Information
Deadline
180 days from the discriminatory act
Eligibility Notes
- •Citizenship status discrimination: employers with 4-15 employees (Title VII covers 15+)
- •Document abuse (unfair documentary practices): all employers
- •National origin discrimination: employers with 4-14 employees (Title VII covers 15+)
- •Protects U.S. citizens, permanent residents, temporary residents, refugees, and asylees
- •Does not protect unauthorized workers from citizenship status discrimination claims
Covers These Situations
discriminationretaliationwrongful terminationdocument abuse
Protected Characteristics
national origincitizenship statusimmigration status
Related Federal Laws
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Check My RightsThis information is provided for educational purposes only and does not constitute legal advice. Laws and regulations are subject to change. Consult a qualified employment attorney for advice about your specific situation. Last reviewed: March 2026.