The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigates and prosecutes allegations of national origin and citizenship status discrimination in hiring, firing, and recruitment or referral for a fee, as well as unfair documentary practices during the employment eligibility verification process and retaliation under the anti-discrimination provision of the Immigration and Nationality Act (INA). In addition, OSC conducts outreach aimed at educating employers, workers and the general public about their rights and responsibilities under the INA's anti-discrimination provision.
Inside this Issue:
OSC's Recent Enforcement Activities
On October 10, 2012, OSC entered into a settlement agreement with a Las Vegas casino that treated non-citizens differently from U.S. citizens during the employment eligibility verification and reverification process.
On November 30, 2012, OSC entered into a settlement agreement with a North Carolina-based mechanical construction company after it terminated three U.S. citizen employees assumed to be undocumented foreign nationals.
On December 19, 2012, OSC entered into a settlement agreement with a New York manufacturer after the company restricted employment to U.S. citizens, despite the fact that no law, regulation, executive order or government contract required the company to do so.
On January 7, 2013, OSC entered into a settlement agreement with one of the largest hospitality companies in the world after the company engaged in a pattern or practice of treating work-eligible non-U.S. citizens differently from U.S. citizens during the employment verification process.
On January 31, 2013, OSC entered into a settlement agreement with one of the largest community colleges in the country after an investigation revealed that the college engaged in a pattern or practice of discrimination requiring non-U.S. citizens to provide specific documentation establishing their work authority, while not making similar demands for U.S. citizens.
Photo: OSC's Senior Trial Attorney Erik Lang during a presentation as part of the U.S. Department of Labor's Office of Federal Contract Compliance Programs' workshop on "Creating a Valuable Workforce through Community Partnerships."
OSC on Refugee and Asylee Service Providers
OSC has an initiative to conduct outreach to refugee and asylee service providers nationwide focusing on state refugee coordinators and national voluntary agencies receiving HHS resettlement funding. During the first quarter of fiscal year 2013, OSC conducted several outreach presentations customized for asylee and refugee service providers. The training sessions included an overview of the anti-discrimination provision of the INA with a focus on issues of particular interest to asylees and refugees and their representatives. In October, OSC visited approximate 12 refugee and asylee service providers in Silver Spring, MD, and also reached over 160 organizations through a nationally broadcasted webinar. As part of this initiative, over the past couple of years OSC has met with and trained refugee service providers nationwide, including in San Diego, Las Vegas, Austin, Houston, Dallas, Atlanta, Baltimore, Eastern Shore, Silver Spring, Atlanta, Charlotte, Minneapolis, Miami and Jacksonville. OSC is also in the process of translating its asylee/refugee flyer into top languages spoken by refugees and asylees in order to better reach its intended audience. If you would like for OSC to visit your organization or provide a tailored webinar for your staff, please email us at firstname.lastname@example.org.
TPS Update: Haiti
OSC recently released an educational video reminding employers that Haitians with temporary protected status (TPS) may continue working beyond the January 22, 2013 expiration date of their Employment Authorization Documents (EADs). Watch the new video here. As a reminder, DHS has extended the designation of Haiti for TPS from January 23, 2013 to July 22, 2014. TPS EADs, with an expiration date of January 22, 2013, have been automatically extended until July 22, 2014.
How Can You Work With OSC
Email OSC at email@example.com to request:
A customized webinar or a live presentation for your company or organization.
A brief sample article for your company or organization's newsletter.
Outreach materials to distribute in your waiting room, at one of your conferences, or in your community.
OSC Webinar Schedule
OSC Joint USCIS/OSC Webinar: February 20, 2013 at 1:00pm EST
OSC "en Español" Worker/Advocate (in Spanish!): February 20, 2013 at 3:00 pm EST
OSC Worker/Advocate: February 26, 2013 at 2:00 pm EST
OSC Joint USCIS/OSC Webinar: March 6, 2013 at 10:00 am EST
OSC Employer/HR Representative: March 13, 2013 at 2:00 pm EST
OSC Worker/Advocate: March 20, 2013 at 10:00 am EST
OSC Joint USCIS/OSC Webinar: March 21, 2013 at 1:00 pm EST
OSC "en Español" Worker/Advocate (in Spanish!): March 26, 2013 at 3:00 pm EST
Photo: Dimitar Barzakov
"I am very grateful and appreciative that OSC gave me a chance to work here after Catholic Charities." - Mr. Dimitar Barzakov (1/9/2013)
After almost 10 years of public service Dimitar Barzakov, an OSC Equal Employment Opportunity Specialist and valued member of the staff, retired in January of 2013. Dimitar came to OSC after working as the Outreach Coordinator for Catholic Charities in Dallas, Texas. He began his work at OSC as a hotline specialist, and after gaining his paralegal certification, he was promoted to an investigator position. Mr. Barzakov has been recognized several times by the Civil Rights Division and the Department of Justice for his great work, most notably receiving the Special Commendation Award early in his career with OSC. Mr. Barzakov hopes to continue to help immigrants in his community after retirement through volunteer work. OSC wishes him all the best in his retirement; he will definitely be missed!
U.S. Department of Justice
Office of Special Counsel for Immigration-Related
Unfair Employment Practices
Civil Rights Division
950 Pennsylvania Avenue, NW. (NYA)
Washington, DC 20530
Main Number: (202)616-5594
Fax Number: (202)616-5509
Deputy Special Counsel
Special Litigation Counsel
C. Sebastian Aloot
Special Policy Counsel
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United States Department of Justice
Civil Rights Division