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29 CFR 1606.5 : Labor (§ 0.735-1 To Parts 4908-4999) — (Part 900 To Parts 1692-1699) — Regulations Relating To Labor (Continued) (Part 900 To Parts 1692-1699) — Equal Employment Opportunity Commission (§ 1600.101 To Parts 1692-1699) — Guidelines On Discrimination Because Of National Origin (§ 1606.1 To § 1606.8) — Citizenship requirements.

4 Aug 2016

(a) In those circumstances, where citizenship requirements have the purpose or effect of discriminating against an individual on the basis of national origin, they are prohibited by title VII.

See Espinoza v. Farah Mfg. Co., Inc., 414 U.S. 86, 92 (1973). See also, E.O. 11935, 5 CFR 7.4; and 31 U.S.C. 699(b), for citizenship requirements in certain Federal employment.

(b) Some State laws prohibit the employment of non-citizens. Where these laws are in conflict with title VII, they are superseded under section 708 of the title.

29 CFR 1606.5