[Code of Federal Regulations] [Title 28, Volume 2] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 28CFR44]  [Page 8-12]                       TITLE 28--JUDICIAL ADMINISTRATION                 CHAPTER I--DEPARTMENT OF JUSTICE (CONTINUED)   PART 44_UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES                              Subpart A_General  Sec. 44.100 Purpose. 44.101 Definitions.                       Subpart B_Prohibited Practices  44.200 Unfair immigration-related employment practices.                      Subpart C_Enforcement Procedures  44.300 Filing a charge. 44.301 Acceptance of charge. 44.302 Investigation. 44.303 Determination. 44.304 Special Counsel acting on own initiative. 44.305 Regional offices.      Authority: 8 U.S.C. 1324b, 8 U.S.C. 1103(a).      Source: Order No. 1225-87, 52 FR 37409, Oct. 6, 1987, unless  otherwise noted.                              Subpart A_General  Sec.  44.100  Purpose.      The purpose of this part is to effectuate section 102 of the  Immigration Reform and Control Act of 1986, which prohibits certain  unfair immigration-related employment practices.  Sec.  44.101  Definitions.      (a) Charge means a written statement under oath or affirmation  that--     (1) Identifies the charging party's name, address, and telephone  number;     (2) Identifies the injured party's name, address, and telephone  number, if the charging party is not the injured party;     (3) Identifies the name and address of the person or entity against  whom the charge is being made;     (4) Includes a statement sufficient to describe the circumstances,  place, and date of an alleged unfair immigration-related employment  practice;     (5) Indicates whether the basis of the alleged unfair immigration- related employment practice is discrimination based on national origin,  citizenship status, or both; or intimidation or retaliation, or  documentation abuses;     (6) Indicates whether the injured party is a U.S. citizen, U.S.  national, or alien authorized to work in the United States;     (7) Indicates, if the injured party is an alien authorized to work,  whether the injured party--     (i) Has been--     (A) Lawfully admitted for permanent residence;     (B) Granted the status of an alien lawfully admitted for temporary  residence under 8 U.S.C. 1160(a), 8 U.S.C. 1161(a), or 8 U.S.C.  1255a(a)(1);     (C) Admitted as a refugee under 8 U.S.C. 1157; or     (D) Granted asylum under 8 U.S.C. 1158; and  [[Page 9]]      (ii) Has applied for naturalization (and if so, indicates the date  of the application);     (8) Identifies, if the injured party is an alien authorized to work,  the injured party's alien registration number and date of birth.     (9) Indicates, if possible, the number of persons employed on the  date of the alleged discrimination by the person or entity against whom  the charge is being made;     (10) Is signed by the charging party and, if the charging party is  neither the injured party nor an officer of the Immigration and  Naturalization Service, indicates that the charging party has the  authorization of the injured party to file the charge.     (11) Indicates whether a charge based on the same set of facts has  been filed with the Equal Employment Opportunity Commission, and if so,  the specific office, and contact person (if known); and     (12) Authorizes the Special Counsel to reveal the identity of the  injured or charging party when necessary to carry out the purposes of  this part.     (b) Charging party means--     (1) An individual who files a charge with the Special Counsel that  alleges that he or she has been adversely affected directly by an unfair  immigration-related employment practice;     (2) An individual or private organization who is authorized by an  individual to file a charge with the Special Counsel that alleges that  the individual has been adversely affected directly by an unfair    * * * * * * NO SUMMARY FOUND -- VIEW "TEXT" TO SEE COMPLETE FILE * * * * *  
Updated August 6, 2015

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