The Office of Special Counsel for Immigration-Related Unfair Employment Practices
The Office of Special Counsel for Immigration-Related Unfair Employment Practices
(OSC), in the Civil Rights Division, is responsible for enforcing the anti-discrimination
provisions of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b, which
protect U.S. citizens and certain work authorized
individuals from employment discrimination based upon citizenship or immigration
status. The INA also protects all work authorized individuals from national
origin discrimination, unfair documentary practices relating to the employment
eligibility verification process, and from retaliation.
Enforcement
Injured parties file discrimination charges directly with OSC's Washington, D.C. office within
180 days of the alleged act of discrimination. OSC may investigate charges for up to 210 days
after receipt of the charge. During the final 90-day period, OSC and/or the injured party may file
an administrative complaint against the employer.
Complaints are tried before an Administrative Law Judge (ALJ) who is specially trained to hear
immigration-related employment discrimination cases. Pre-trial matters are generally handled in
accordance with rules of civil procedure, and involve discovery, depositions and pleadings. ALJ
decisions are directly appealable to the federal circuit courts of appeals. Settlements or
successful adjudications may result in civil penalty assessments, back pay awards, hiring orders
and the imposition of injunctive relief to end discriminatory practices.
OSC also initiates independent investigations based on information developed during individual
charge investigations, or leads provided by other government agencies and the general public.
Independent investigations normally involve alleged discriminatory policies that potentially
affect many employees or applicants. These investigations may result in complaints alleging a
pattern or practice of discriminatory activity.
Education
OSC conducts an outreach and education program aimed at educating employers,
potential victims of discrimination, and the general public about their rights
and responsibilities under the INA's anti-discrimination and employer sanctions
provisions. Each year OSC awards grants to organizations across the country
to conduct local public education campaigns. Additionally, OSC's staff directly
participates in many public education and outreach activities. This includes
making presentations at conferences, seminars and meetings held by interested
groups regarding employee and employer rights and obligations under INA. Other
components of the outreach program include a national public awareness campaign,
which includes wide distribution of educational materials, and at times, public
service announcements. Additionally, OSC operates employer and employee hotlines
to quickly address questions and resolve problems. OSC's early intervention
program has proved a successful and cost-effective means of resolving workplace
problems before charges are filed. Under this program, OSC's staff resolves
questions concerning proper employment eligibility verification procedures,
and ensures that workers are not refused hire, or fired, based upon misunderstanding
of the law.
Partnerships
OSC, in partnership with the Equal Employment Opportunity Commission, has participated in
workshops for employers throughout the United States to increase understanding of employer
sanctions and protections against discrimination. In an effort to increase accessibility to its
services and resources, OSC has signed and/or reinvigorated memoranda of understanding with
numerous state and local human rights agencies, where individuals can now obtain information
about OSC and file charges of immigration related employment discrimination. These
agreements permit individuals who file a timely charge of discrimination with an OSC
memorandum of understanding partner to have their charge also considered by OSC, if it falls
within OSC's jurisdiction.
