Walking a Tightrope: Employment Rights of Foreign Nationals in the Workplace

• Author: Robert K. Robinson,Geralyn McClure Franklin
• DOI: http://doi.org/10.1111/1467-8594.00148
• Published date: 01 December 2002
• Date: 01 December 2002

Walking a Tightrope: Employment

Rights of Foreign Nationals

in the Workplace

ROBERT K. ROBINSON AND GERALYN MCCLURE FRANKLIN

Since the tragedy of September 11, 2001, human resource

(HR) professionals have become increasingly concerned

about the employment rights of foreign nationals working

in the United States. Questions have arisen regarding a broad

spectrum of employment practices, ranging from the preferential

hiring of American citizens to workplace harassment of foreign

nationals from countries that support terrorism. There can be little

doubt that as security concerns increase, employment laws will be

revised accordingly. However, to date, few revisions have occurred.

Consequently, this article reviews the current state of employ-

ment rights of foreign nationals working in the United States and

employer compliance responsibilities regarding these employees.

The scope of our attention is focused on four major areas of federal

regulatory compliance: (1) equal employment opportunity, (2)

immigration control, (3) fair labor standards, and (4) labor

relations. The basic premise adopted by the federal courts in all

of these areas is that, unless specif‌ically excluded by law, once a

foreign national begins an employment relationship on American

soil, that individual enjoys the full protection of our employment

laws.

EQUAL EMPLOYMENT OPPORTUNITY

Title VII of the Civil Rights Act of 1964

1

is the foundation for most

federal equal employment opportunity requirements governing

Business and Society Review 107:4 489–500

Ó2002 Center for Business Ethics at Bentley College, Published by Blackwell Publishing, Inc.

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