The Office of Special Counsel for Immigration-Related Unfair
Employment Practices enforces the anti-discrimination provision of the Immigration
and Nationality Act § 274B, 8 U.S.C. § 1324b. This statute prohibits
citizenship or immigration status discrimination with respect to hiring,
firing, and recruitment or referral for a fee, by employers with four or
more employees. Employers may not treat individuals differently because
they are, or are not, U.S. citizens. U.S. citizens and nationals, recent
permanent residents, asylees and refugees are protected from citizenship
status discrimination.
Section 1324b also prohibits national origin discrimination with respect
to hiring, firing, and recruitment or referral for a fee, by employers with
more than three and fewer than 15 employees. All individuals eligible to
work in the United States – including citizens, nationals, immigrants,
and temporary work visa holders -- are protected from national origin discrimination.
(The Equal Employment Opportunity Commission has national origin jurisdiction
over employers with 15 or more employees.) In addition, section 1324b prohibits
unfair documentary practices related to verifying the employment eligibility
of employees. Employers may not, on the basis of citizenship status or national
origin, request more or different documents than are required to verify
an individual's employment eligibility and identity, reject reasonably genuine-looking
documents, or specify certain documents over others. All work authorized
individuals are protected from document abuse. Finally, the anti-discrimination
provision prohibits employer retaliation against individuals who file charges
with OSC, cooperate with investigations under section 1324b, contest action
that may violate the statute, or otherwise assert their rights under the
statute.
Pursuant to its stastutory mandate, OSC also conducts an extensive,
nationwide public education campaign to teach workers, employers and concerned
organizations about section 1324b. An essential component of the Section's
outreach includes its grant program. Each year, OSC awards grants to organizations
to assist it in educating workers and employers in areas with sizable
and/or emerging immigrant populations about their rights and responsibilities
under the section 1324b. OSC also staffs employer and worker hotlines,
through which it is often able to stop employers from engaging in unlawful
discrimination by educating them on the spot. In addition, it distributes
tens of thousands of pieces of educational materials to the public each
year free of charge.
*