4 or More Employees

Immigration Reform and Control Act of 1986 (IRCA) (national origin and U.S. citizenship discrimination)

The prohibition on citizenship and national origin discrimination does not apply to “a person or other entity that employs three or fewer employees”. Thus, the discrimination provision in this law applies to any employer with four or more employees. There is no distinction between full- and part-time employees, and no distinction based upon how long the employees have worked for the company. The term “employee” is not specifically defined in this statute (however, the regulation 8 C.F.R. § 274a.1(f) defines “employee” – see that regulation below). With regard to the hiring of unauthorized workers in § 1324a, it is clear from subsection (a)(4) that the prohibition on hiring an “unauthorized alien” applies to “contracts for labor”, and thus the law prohibiting employment of unauthorized aliens applies to the hiring of independent contractors, similar to the way that the Civil Rights Act of 1866 applies to independent contractors as well as employees.