The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract.

Employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee, or demand additional documentation beyond what is legally required, when verifying employment eligibility (i.e., completing the Department of Homeland Security (DHS) Form I-9), based on the employee's national origin or citizenship status. It is the employee's choice which of the acceptable Form I-9 documents to show to verify employment eligibility.

IRCA also prohibits retaliation against individuals for asserting their rights under the Act, or for filing a charge or assisting in an investigation or proceeding under IRCA.

IRCA's nondiscrimination requirements are enforced by the Department of Justice's Civil Rights Division's Immigrant and Employee Rights Section (IER).

IRCA generally makes employment of unauthorized aliens unlawful (8 U.S.C. §1324a), while prohibiting discrimination in employment based on national origin or citizenship status (8 U.S.C. §1324b).

Under the Immigration Reform and Control Act of 1986 (IRCA), employers in Pennsylvania, as in all other states, are prohibited from discriminating against individuals in hiring, firing, or recruitment based on their citizenship or immigration status. This federal law requires employers to treat all potential and current employees equally without preference for U.S. citizens or lawful permanent residents, unless mandated by law, regulation, or government contract. Employers are also not allowed to reject valid legal documentation for employment eligibility or ask for additional documents beyond what is required for the completion of Form I-9. Employees have the right to present any acceptable documents from the list provided by the Department of Homeland Security to prove their eligibility to work. Furthermore, IRCA protects individuals from retaliation if they assert their rights under the Act, or participate in an investigation or legal proceeding related to the Act. The enforcement of these nondiscrimination provisions falls under the Department of Justice's Civil Rights Division's Immigrant and Employee Rights Section (IER). Additionally, IRCA makes it illegal to employ unauthorized aliens and sets forth penalties for such violations.