How Immigration Status Affects Employment Opportunities

When applying for jobs, it is important to be aware of your rights as a potential employee. Many countries have laws in place to protect employees and ensure they are treated fairly. For example, employers are often legally required to provide reasonable accommodations for employees with disabilities. Additionally, it is unlawful for employers to discriminate based on race, religion, gender, national origin, age, or any other protected status. Understanding these laws can help you navigate the job application process and assert your rights if needed.

Race

In the United States, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race. This means that it is illegal to treat someone (a job applicant or employee) unfavourably because of their race or personal characteristics associated with their race (such as hair texture, skin colour, or facial features). It is also illegal to discriminate against someone because of their association with a person of a certain race.

Discrimination based on race can occur in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment. Harassment based on race is also unlawful. This includes racial slurs, offensive or derogatory remarks, or the display of racially offensive symbols. Harassment becomes illegal when it is frequent or severe, creating a hostile work environment or resulting in an adverse employment decision, such as demotion or termination.

Additionally, an employment policy or practice that applies to everyone, regardless of race, can still be deemed illegal if it negatively impacts the employment of people of a particular race and is not directly related to the job or necessary for the business's operation. For example, a "no-beard" policy that is not job-related may be considered unlawful if it disproportionately affects individuals of a specific race.

It is important to note that discrimination can occur even when the victim and the perpetrator are of the same race.

Religion

Further, a person's religious beliefs "need not be confined in either source or content to traditional or parochial concepts of religion." A belief is "religious" for Title VII purposes if it is "religious" in the person's "own scheme of things," i.e., it is a "sincere and meaningful" belief that "occupies a place in the life of its possessor parallel to that filled by . . . God." The Supreme Court has made it clear that it is not a court's role to determine the reasonableness of an individual's religious beliefs, and that "religious beliefs need not be acceptable, logical, consistent, or comprehensible to others in order to merit First Amendment protection." An employee's belief, observance, or practice can be "religious" under Title VII even if the employee is affiliated with a religious group that does not espouse or recognize that individual's belief, observance, or practice, or if few – or no – other people adhere to it.

Religious beliefs include theistic beliefs as well as non-theistic "moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views." Although courts generally resolve doubts about particular beliefs in favor of finding that they are religious, beliefs are not protected merely because they are strongly held. Religion typically concerns "ultimate ideas" about "life, purpose, and death," while social, political and/or economic philosophies and mere personal preferences are not "religious" beliefs protected by Title VII. It is important to consider that an individual's religious beliefs may change over time. Additionally, individuals may choose to adhere to some tenets of their religion but not others, and/or individuals may have a sincere belief in a religious practice that is not observed by other followers of their religion. Title VII also protects employees or applicants from discrimination if they do not subscribe to a particular religious view and/or are atheist.

Religious Discrimination

Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion.

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. It is illegal to harass a person because of his or her religion. Harassment can include, for example, offensive remarks about a person's religious beliefs or practices. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices. Unless it would be an undue hardship on the conduct of the employer's business, an employer must reasonably accommodate an employee's religious beliefs or practices. This applies not only to schedule changes or leave for religious observances, but also to such things as dress or grooming practices that an employee has for religious reasons. These might include, for example, wearing particular head coverings or other religious dress (such as a Jewish yarmulke or a Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and beard). It also includes an employee's observance of a religious prohibition against wearing certain garments (such as pants or miniskirts).

Religious Accommodation/Dress & Grooming Policies

Unless it would be an undue hardship on the conduct of the employer's business, an employer must reasonably accommodate an employee's religious beliefs or practices. This applies not only to schedule changes or leave for religious observances, but also to such things as dress or grooming practices that an employee has for religious reasons. These might include, for example, wearing particular head coverings or other religious dress (such as a Jewish yarmulke or a Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and beard). It also includes an employee's observance of a religious prohibition against wearing certain garments (such as pants or miniskirts).

When an employee or applicant needs a dress or grooming accommodation for religious reasons, he should notify the employer that he needs such an accommodation for religious reasons. If the employer reasonably needs more information, the employer and the employee should engage in an interactive process to discuss the request. If it would not pose an undue hardship, the employer must grant the accommodation.

Religious Discrimination & Reasonable Accommodation & Undue Hardship

An employer does not have to accommodate an employee's religious beliefs or practices if doing so would cause undue hardship to the employer. Undue hardship is shown when a burden is substantial in the overall context of an employer’s business, taking into account all relevant factors in the case at hand, including the particular accommodations at issue and their practical impact in light of the nature, size and operating cost of an employer. An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to unwillingly do more than their share of potentially hazardous or burdensome work. Undue hardship also may be shown if the request for an accommodation violates the terms of a collective bargaining agreement or job rights established through a seniority system. Undue hardship based on cost requires that the agency show more than a de minimis (minimal impact upon the agency's business) cost to the agency. The hardship upon the agency must be genuine and cannot be merely speculative.

Gender

In the United States, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, colour, religion, sex, or national origin. This includes discrimination in any aspect of employment, such as recruitment, hiring, promotion, and compensation.

Despite these protections, gender-based discrimination in employment continues to occur. One example is the exclusion of men from applying for certain jobs reserved for women, such as jobs involving intimate care or body searches of women, or staff working in female-only shelters or therapy groups for rape or domestic violence survivors. These exclusions are often justified under Schedule 9 Part 1 of the Equality Act 2010, which outlines "Genuine Occupational Requirements" that allow for direct discrimination in relation to work when being of a particular sex is deemed a crucial requirement for the role.

However, it is important to note that the law is clear that even with a Gender Recognition Certificate (GRC), which changes one's legal sex status, a male employee can still be excluded from a female-only role. This means that any biological male can be excluded from a role whenever this can be objectively justified, regardless of their gender identity or GRC status.

On the other hand, it is also unlawful to exclude transgender individuals from employment opportunities. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex, which has been interpreted to include discrimination based on gender identity and transgender status. This means that employers cannot discriminate against transgender individuals during the hiring process or in the terms and conditions of employment.

In summary, while there are certain occupations that are lawfully restricted to individuals of a particular gender, it is important to ensure that the requirement for a specific gender is crucial and objectively justified for the role. Additionally, it is unlawful to discriminate against individuals based on their gender identity or transgender status. Both employees and employers should be aware of their rights and responsibilities under the law to ensure equal employment opportunities for all.

Age

In the United States, the Fair Labor Standards Act (FLSA) sets the minimum age for employment at 14 years old. The FLSA also limits the number of hours worked by minors under the age of 16 and prohibits the employment of minors in work deemed hazardous, such as excavation, driving, and operating power-driven equipment. These rules vary depending on the age of the minor and the job in question. Each state in the US also has its own laws relating to the employment of minors, and if state law and the FLSA overlap, the law that is more protective of minors will be applied.

Child labor laws can differ from state to state, so it is important to consult the relevant state department of labor for specific information. However, as a general rule, the FLSA sets the minimum age for employment at 14 years old and prohibits certain types of work for minors to ensure their safety and well-being.

The FLSA contains specific requirements for certain types of jobs, such as agricultural work or operating motor vehicles, and there are also exceptions to the general rules. For example, a minor may be allowed to work for their parents even if they are under the minimum age. Additionally, the Work Experience and Career Exploration Program (WECEP) offers exceptions to child labor regulations, allowing 14 and 15-year-olds to be employed in otherwise prohibited circumstances as part of a carefully planned work experience and career exploration program.

It is important to note that the FLSA sets the minimum age for employment at 14 years old, but this may vary depending on the specific job and the state's regulations. Employers must also post the Labor Department-issued Minimum Wage Poster, which includes minimum age requirements, in a prominent place at the worksite. This ensures that both employers and employees are aware of the age restrictions and can comply with the relevant laws.

Disability

In the United States, the Americans with Disabilities Act (ADA) makes it illegal to discriminate in employment against a qualified individual with a disability. The ADA also outlaws discrimination against individuals with disabilities in state and local government services, public accommodations, transportation, and telecommunications. Under the ADA, disability is defined as "a physical or mental impairment that substantially limits a major life activity." This includes hearing, seeing, speaking, walking, breathing, performing manual tasks, learning, working, and caring for oneself.

The ADA covers all employers, including state and local government employers, with 15 or more employees after July 26, 1994. Employers covered by the ADA are required to make "reasonable accommodations" for individuals with disabilities, as long as it does not cause "undue hardship." Reasonable accommodations may include restructuring job duties or schedules, installing Braille signage, modifying desks, making the workplace more wheelchair accessible, and granting additional unpaid leave.

In the United Kingdom, the Equality Act 2010 protects individuals with disabilities from discrimination in employment. Employers are required to make 'reasonable adjustments' to ensure that employees with disabilities are not disadvantaged compared to non-disabled people. Reasonable adjustments may include a phased return to work, flexible or part-time hours, time off for medical treatment or counseling, reassigning tasks, and providing practical aids and technical equipment.

It is important to note that job protection for individuals with disabilities may also be provided by other laws and regulations, such as the Family and Medical Leave Act (FMLA) and disability discrimination laws in the United States, and similar laws in other countries.

Frequently asked questions