(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.
2
2 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 Where these laws are in conflict with title VII, they are superseded under section 708 of the title.
authority: Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. 2000e
source: 45 FR 85635, Dec. 29, 1980, unless otherwise noted.
cite as: 29 CFR 1606.5