Speech #980211424

In addition. the 1964 Civil Rights Act provides exceptions from discrimination on grounds of national origin where nationalorigin characteristics constitute bona fide qualifications necessary to the operation of a business and also excludes the use of practices with a discriminatory effect so long as the practice has a relationship to job performance or is supported by a business necessity. Now. I would suggest that an employer who has traditionally relied on a large number of undocumented workers and who has no racist motivation or discriminatory intent. faced with the choice of the governmental policy against discrimination based on national origin or based on race. and also faced with a very strong expression of a public policy against hiring undocumented workers. can easily fall into the trap of saying: "For my own protection. to avoid the potential for civil. and then criminal penalties. and all the costs. and expenses of fines. and litigation connected with those charges. I want my personnel department to start screening out applications of Hispanic surnames and applications of people who speak with a foreign accent." That is not because of any racist intention but because they do not want to fall into the trap of employer sanctions. We have to be wary of that.