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Are you protected from workplace discrimination?

When you are applying for jobs in the Miami area, the terms of your work visa may affect what kind of job you may be offered. Unfortunately, many foreign nationals with valid work visas encounter unfair barriers to employment. However, an employer who considers your application or hires you is limited by certain U.S. employment laws when it comes to which circumstances may be relevant to your eligibility for the job.

According to the Houston Chronicle, the Civil Rights Act and the Immigration Reform and Control Act of 1986 prevent workplace discrimination based on certain factors. For example, an employer may be illegally discriminating against you by refusing to hire you, treating you unfairly on the job or by firing you due to your national origin, appearance or accent. These should not be taken into consideration when determining which employees will be affected by company layoffs, either.

Although you may be required to speak English when you are carrying out company business, or while performing certain job duties, you may not be terminated or harassed for having conversations with co-workers that are not work-related, or when you are taking a break.

You must provide information about your employment eligibility on the I-9 form when you are hired, but your employer must not require you to provide additional evidence or discriminate against you based on your responses on the form. This information is not a complete list of the issues that may affect your workplace situation, so it should not be interpreted as legal advice.

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Cuevas, Garcia & Torres, P.A.
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