Discrimination against immigrants in the workplace isn’t always obvious. It can take the form of unfair hiring, unequal treatment, language-based harassment, or inappropriate questions about immigration status. These behaviors may violate federal law—even when they’re subtle or disguised as company policy.
Whether you’re an immigrant worker facing discrimination, someone unsure of what’s legal, or an advocate trying to help, this guide explains what to look for and how to respond. You’ll learn the most common examples, the protections available under U.S. law, and where to find support—including when it may help to speak with an experienced lawyer.
We’ll also cover how to report violations, what retaliation looks like, and what defines a truly inclusive workplace. If you’ve ever wondered whether something crosses the line, you’re not alone—and you’re not without options.
Why Does Immigrant Discrimination Still Happen at Work?
Immigrant discrimination continues despite legal protections, and its persistence is often tied to larger social, economic, and institutional factors.
Root Causes and Systemic Biases
Much of the discrimination immigrants face in the workplace comes from long-standing stereotypes and assumptions. Some employers assume that immigrants lack the education or communication skills required for specific roles, regardless of their actual qualifications. Others may fear legal exposure, wrongly believe immigrants are less reliable, or associate certain nationalities with negative traits.
Systemic issues also play a role. For example, when companies rely on referrals or informal networks, immigrant candidates may be excluded unintentionally. A workplace that lacks clear policies on diversity or anti-discrimination may also allow biases to shape decisions without scrutiny.
Even “neutral” policies can have a discriminatory impact. Requiring only native-level English for roles that don’t demand it, or rejecting valid work authorization documents, can disproportionately harm immigrant applicants and employees.
The Impact on Immigrant Workers and Employers
The effects of discrimination ripple outward. Immigrant workers often experience stress, isolation, and limited opportunities for growth. Their contributions may be undervalued, their concerns dismissed, or their work unfairly scrutinized. In some cases, fear of retaliation keeps them silent—especially if their immigration status is complex or they’ve experienced threats of exposure.
For employers, the consequences are both legal and cultural. According to the Equal Employment Opportunity Commission (EEOC), national origin discrimination remains a major source of complaints each year. Companies found in violation may face lawsuits, penalties, and damage to their reputation. On an internal level, unchecked bias erodes trust, increases turnover, and reduces overall team performance.
What Is Workplace Discrimination Against Immigrants?
Discrimination based on immigration status or national origin occurs when someone is treated unfairly in the workplace because of where they’re from, what language they speak, or how others perceive their background. It includes both direct actions and policies that disproportionately disadvantage immigrants—even when those policies appear neutral on the surface.
Definitions and Legal Meaning
Workplace discrimination against immigrants can involve any employment decision, including hiring, firing, pay, promotions, job assignments, and access to training and benefits. It becomes illegal when it’s motivated by a person’s national origin, citizenship status, or perceived immigration background.
Federal law distinguishes between national origin discrimination, which targets an individual’s ethnicity, culture, or language, and immigration-related employment discrimination, which focuses on an individual’s citizenship or work authorization. Both are prohibited under federal law.
Importantly, discrimination can occur even if the worker is fully authorized to work in the U.S. For example, rejecting a lawful permanent resident in favor of a U.S. citizen for a non-government job may violate anti-discrimination laws unless specific legal exceptions apply.
How It Differs from Other Forms of Discrimination
While often related, discrimination against immigrants is distinct from race- or religion-based bias. It typically involves assumptions about someone’s immigration status, country of origin, or ability to communicate. A worker may face unfair treatment not because of their race, but because they have an accent or a foreign-sounding name.
This form of discrimination may also involve document abuse—such as requesting more proof of work eligibility than required—or treating workers differently during the hiring process based on perceived status. According to the Department of Justice’s Immigrant and Employee Rights Section (IER), these behaviors can be investigated and prosecuted under federal law.
Real-World Examples of Workplace Discrimination
Understanding how discrimination manifests in workplaces makes it easier to identify and address. The following examples reflect real scenarios cited in EEOC and DOJ investigations.
Unfair Hiring and Firing Practices
A company might consistently reject applicants with foreign-sounding names or accents, even if they meet all job qualifications. In some cases, employers refuse to consider non-citizens—even when those individuals are legally authorized to work.
Firing decisions can also reflect bias. If an immigrant employee is held to different performance standards than U.S.-born colleagues, or let go without a clear reason after disclosing their status, discrimination may be at play.
Language-Based Harassment or “English-Only” Rules
While employers can require English for legitimate business needs, blanket “English-only” policies are often discriminatory. These rules may be used to exclude or monitor immigrant workers more harshly, especially when no clear business justification exists.
Harassment based on language or accent—such as mocking, refusing to communicate, or making repeated jokes—can also create a hostile work environment. According to the U.S. Department of Labor, this kind of behavior is illegal if it interferes with job performance or creates a toxic atmosphere.
Unequal Pay, Promotions, or Job Assignments
Some immigrant workers are paid less than U.S. citizens for performing the same tasks, or are denied access to leadership training and professional development. In other cases, they may be assigned physically demanding or isolating jobs based on assumptions about their background.
These patterns, if tied to national origin or perceived status, can support a claim of discrimination—even if they’re not explicitly stated.
Retaliation for Speaking Up or Reporting Abuse
Fear of retaliation is one of the biggest reasons immigrant workers don’t come forward. But retaliation itself is illegal. If an employee reports discrimination and is then demoted, transferred to less favorable shifts, or terminated, the employer could be in violation of multiple federal laws. Workers are protected whether the report is internal or filed with a government agency.
Immigrant Worker Protections Under U.S. Federal Law
Immigrant workers—regardless of citizenship or immigration status—are protected under several major U.S. laws. These laws prohibit discrimination and ensure workers are treated fairly in all aspects of employment.
Title VII of the Civil Rights Act
Title VII forbids employers from discriminating based on race, color, religion, sex, or national origin. It applies to all companies with 15 or more employees. National origin, in this context, includes birthplace, ancestry, language, and accent.
The EEOC is responsible for enforcing Title VII of the Civil Rights Act of 1964. Workers can file complaints, and if the EEOC finds evidence of a violation, it can pursue legal action on their behalf or allow them to sue.
Immigration and Nationality Act (INA)
The INA, enforced by the DOJ’s IER section, protects workers from unfair immigration-related employment practices. It prohibits:
- Refusing to hire based on immigration or citizenship status (if the person is legally authorized to work)
- Requesting more or different documents than necessary to verify employment eligibility (document abuse)
- Retaliating against employees who assert their rights
This law applies to employers with four or more employees and protects a wide range of work-authorized immigrants—including green card holders, refugees, and asylees.
EEOC and DOJ Enforcement Guidelines
Both agencies work together to ensure that discrimination based on national origin or immigration status is identified and addressed. The EEOC generally handles broader employment issues, while the DOJ focuses on hiring and document-related violations.
Workers who believe they’ve been discriminated against can file charges through the EEOC’s online portal or contact the DOJ’s IER worker hotline for assistance in multiple languages.
Can Employers Ask About Immigration Status?
Questions about immigration status can feel invasive—but not all of them are illegal. The context and timing of these questions are crucial, especially during the hiring or onboarding process.
Legal vs. Illegal Inquiries
Employers are allowed to ask whether you are authorized to work in the U.S. That’s a standard part of the hiring process and must be asked of all applicants equally. They may also request documents to complete the federal Form I-9, which confirms employment eligibility.
However, employers cannot ask for more than what is required. For example, it’s illegal to:
- Ask what country you’re from during an interview
- Require specific documents (like a green card) if other acceptable I-9 documents are provided
- Treat someone differently because of a temporary work visa
The U.S. Citizenship and Immigration Services (USCIS) makes it clear: as long as a worker presents valid documents from the approved list, an employer cannot reject or question them based on appearance, name, or background.
Common Examples of Document Abuse and I-9 Misuse
Document abuse occurs when an employer demands more or different documents than required, or refuses to accept valid ones. This can include:
- Asking non-citizen workers to provide more documents than U.S. citizens
- Rejecting perfectly legal documents without reason
- Re-verifying documents unnecessarily for immigrants but not for citizens
These actions can create fear, discourage immigrant workers from applying, or unfairly delay start dates. The DOJ’s Immigrant and Employee Rights Section actively investigates cases of this nature.
If you’ve experienced this kind of behavior, you can file a complaint—even if you’re currently employed.
What to Do If You Experience Workplace Discrimination
Discrimination can be difficult to confront, especially if you fear retaliation. But knowing your options makes it easier to act with confidence.
Documenting Incidents and Preserving Evidence
Keep a detailed record of what happened, when, and who was involved. Save emails, take notes on conversations, and track changes in job duties or treatment. If other employees witnessed the incident, please note their names as well.
Consistency matters. Try to record events as soon as they occur so that details remain accurate. If you suspect your performance is being unfairly criticized, save performance reviews or metrics that prove otherwise.
Reporting Internally to Human Resources
Many companies have internal procedures for reporting discrimination. Start by reviewing your employee handbook or HR policies.
When filing a report, be clear and professional. State facts, provide documentation, and avoid speculation. You can request confidentiality, although complete privacy is not always guaranteed. Keep a copy of everything you submit.
If you fear retaliation, note that federal law prohibits your employer from punishing you for reporting discrimination—even if your claim is later dismissed.
Filing a Complaint with the EEOC or DOJ
If internal reporting doesn’t resolve the issue, or if you don’t feel safe using those channels, you can file an external complaint.
- The EEOC accepts charges for discrimination based on national origin or retaliation. You can file online or in person.
- The DOJ’s Immigrant and Employee Rights Section handles claims related to document abuse, unfair hiring practices, and discrimination based on citizenship status.
There are deadlines: EEOC claims must typically be filed within 180 or 300 days depending on your state, while DOJ claims must be filed within 180 days of the incident.
If you’re unsure which agency to contact, either one can help guide you.
Know Your Rights Against Retaliation
Many workers fear they’ll lose their job or face worse treatment for speaking up. But retaliation is a separate violation of federal law—and one that both the EEOC and DOJ take seriously.
Examples of retaliation include:
- Demotion or reduced hours
- Suddenly negative performance reviews
- Termination or threats to call immigration authorities
You’re legally protected when you file a report, assist in an investigation, or even raise concerns internally. Keep records of any suspicious changes after reporting. If you suspect retaliation, you can file an additional claim or update your existing one.
What an Inclusive Workplace Looks Like (And How to Spot When It’s Not)
Recognizing discrimination is easier when you understand what a fair, inclusive environment should look like. Here’s how to tell the difference.
Fair Hiring, Language Inclusivity, and Equal Opportunities
In inclusive workplaces, hiring and promotions are based on skill and experience—not assumptions about background or appearance. Job descriptions clearly outline necessary qualifications, and interview questions stay focused on the role.
Language inclusivity means communication is professional and respectful. Employers may offer translation or training support, and avoid unnecessary language restrictions unless they’re clearly job-related.
Equal access to development opportunities is also a hallmark of inclusion. All employees, regardless of immigration status, are invited to participate in team projects, training programs, or mentoring efforts.
Red Flags: What Inclusive Policies Don’t Do
Watch out for signs that policies are being used to mask discrimination:
- English-only rules applied selectively
- Vague reasons for denied promotions or raises
- Consistent exclusion of immigrant workers from client-facing roles
- “Cultural fit” being used as a reason to pass on qualified candidates
If patterns of behavior seem targeted or unexplained, you may be dealing with a discriminatory environment—even if no one says anything explicitly.
Conclusion
Discrimination against immigrants doesn’t need to be blatant to be harmful. Subtle hiring decisions, unfair policies, and unchecked biases can deeply affect people’s livelihoods and dignity. Recognizing these patterns is the first step toward change—whether you’re experiencing them yourself, witnessing them, or shaping workplace policy.
Creating fair environments means holding employers accountable, supporting affected workers, and speaking up when something feels wrong. By understanding your rights and the systems in place to protect them, you help foster workplaces that value skill, integrity, and inclusion—no matter where someone comes from.
FAQ
What Are Common Examples of Discrimination Against Immigrant Workers?
Refusing to hire immigrants, mocking accents, enforcing English-only rules, or denying promotions due to national origin are all forms of workplace discrimination.
Can an Employer Discriminate Based on Immigration Status?
No. Employers cannot refuse to hire or treat you unfairly based on citizenship or work status if you’re authorized to work in the U.S.
What Challenges Do Immigrants Face in the Workplace?
Immigrants may face language barriers, unequal treatment, limited advancement, document abuse, or fear of retaliation when reporting mistreatment.
Is It Illegal to Be Fired Because of My Accent?
Yes. Terminating or mistreating an employee due to an accent, unless it interferes with the job, violates federal anti-discrimination laws.
Where Can I Find Free or Low-Cost Legal Help?
Contact the EEOC, DOJ’s IER section, or local legal aid organizations and attorneys. Many offer immigrant-specific support and multilingual services at no cost.
Eric Castelblanco, Attorney/Founder
Eric Castelblanco, founder and managing attorney of Castelblanco Law Group, APLC, has championed tenants' rights for over two decades, securing over $200 million in verdicts and settlements. His law firm also specializes in every aspect of personal injury accident cases, delivering exceptional ou...