Citizenship requirements that are made a condition of employment discriminate on the basis of national origin in violation of the Act. Inquiries about an individual's citizenship or country of birth are unlawful and may be used as evidence of discrimination based on national origin.
The federal Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify the identity and eligibility to work in the United States for all newly hired employees. To satisfy IRCA's verification requirements, employers must ask all new hires for documents establishing both identity and work authorization. However, employers should not make inquiries about the employee's country of origin.