TYPES OF DISCRIMINATION
The Office of Special Counsel for Immigration Related Unfair Employment
Practices ("OSC") investigates the following types of discriminatory
conduct under the anti-discrimination provision of the Immigration and Nationality
Act (INA), 8 U.S.C. § 1324b:
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 or work authorized individuals. U.S.
citizens, recent permanent residents, temporary residents, asylees and refugees
are protected from citizenship status discrimination. Exceptions: permanent
residents who do not apply for naturalization within six months of eligibility
are not protected from citizenship status discrimination. Citizenship status
discrimination which is otherwise required to comply with law, regulation,
executive order, or government contract is permissible by law.
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. Employers may not treat individuals differently because of
their place of birth, country of origin, ancestry, native language, accent,
or because they are perceived as looking or sounding "foreign."
All U.S. citizens, lawful permanent residents, and work authorized individuals
are protected from national origin discrimination. The Equal Employment
Opportunity Commission has jurisdiction over employers with 15 or more employees.
Unfair documentary practices related to verifying the employment eligibility
of employees. Employers may not request more or different documents than
are required to verify employment eligibility, reject reasonably genuine-looking
documents, or specify certain documents over others with the purpose or
intent of discriminating on the basis of citizenship status or national
origin. U.S. citizens and all work authorized individuals are protected
from document abuse.
Retaliation. Individuals who file charges with OSC, who cooperate with
an OSC investigation, who contest action that may constitute unfair documentary
practices or discrimination based upon citizenship or immigration status,
or national origin, or who assert their rights under the INA's anti-discrimination
