Employers who hire unauthorized aliens face strict penalties from the Immigration Reform and Control Act of 1986 (IRCA). Recognizing the potential for discrimination against authorized aliens and United States citizens of minority national origin, IRCA also provides an administrative procedure to handle these discrimination claims. This Comment examines how the current antidiscrimination protections of title VII and 42 U.S.C. § 1981 can be used to supplement the IRCA protections. The conclusion is that IRCA, title VII, and section 1981 can interact to provide adequate protection for those likely to be the target of discrimination.
IRCA's Antidiscrimination Provisions: Protections against Hiring Discrimination in Private Employment,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol25/iss2/9