This paper will survey the federal law of discrimination in employment based on ethnic origin, alienage, and citizenship. There are a number of sources of this law, many of them overlapping. The federal constitution provides some protections, but only to governmental employees or applicants. The traditional centerpiece of employment discrimination law is Title VII of the Civil Rights Act of 1964. The 1866 Civil Rights Act also provides protection which overlaps with that provided by Title VII. Finally, the recently enacted Immigration Reform and Control Act of 1986 regulates both national origin discrimination, thus duplicating the protections of Title VII, and citizenship discrimination which received incomplete attention in the other statutory schemes .
This paper will survey each of these sources of protection. Despite all of these overlapping statutory protections, serious gaps still exist, particularly with respect to discrimination against aliens based on lack of citizenship.
Citizenship, Alienage, and Ethnic Origin Discrimination in Employment Under the Law of the United States
, 20 Ga. J. Int'l & Comp. L. 29
Available at: http://digitalcommons.law.scu.edu/facpubs/118