From the U.S. Code Online via GPO Access [www.gpoaccess.gov] [Laws in effect as of January 3, 2007] [CITE: 8USC1324b]                         TITLE 8--ALIENS AND NATIONALITY                    CHAPTER 12--IMMIGRATION AND NATIONALITY                          SUBCHAPTER II--IMMIGRATION                     Part VIII--General Penalty Provisions    Sec. 1324b. Unfair immigration-related employment practices   (a) Prohibition of discrimination based on national origin or          citizenship status                            (1) General rule          It is an unfair immigration-related employment practice for a      person or other entity to discriminate against any individual (other      than an unauthorized alien, as defined in section 1324a(h)(3) of      this title) with respect to the hiring, or recruitment or referral      for a fee, of the individual for employment or the discharging of      the individual from employment--             (A) because of such individual's national origin, or             (B) in the case of a protected individual (as defined in          paragraph (3)), because of such individual's citizenship status.                             (2) Exceptions          Paragraph (1) shall not apply to--             (A) a person or other entity that employs three or fewer          employees,             (B) a person's or entity's discrimination because of an          individual's national origin if the discrimination with respect          to that person or entity and that individual is covered under          section 703 of the Civil Rights Act of 1964 [42 U.S.C. 2000e-2],          or             (C) discrimination because of citizenship status which is          otherwise required in order to comply with law, regulation, or          executive order, or required by Federal, State, or local          government contract, or which the Attorney General determines to          be essential for an employer to do business with an agency or          department of the Federal, State, or local government.                  (3) ``Protected individual'' defined          As used in paragraph (1), the term ``protected individual''      means an individual who--             (A) is a citizen or national of the United States, or             (B) is an alien who is lawfully admitted for permanent          residence, is granted the status of an alien lawfully admitted          for temporary residence under section 1160(a) or 1255a(a)(1) of          this title, is admitted as a refugee under section 1157 of this          title, or is granted asylum under section 1158 of this title;          but does not include (i) an alien who fails to apply for          naturalization within six months of the date the alien first          becomes eligible (by virtue of period of lawful permanent          residence) to apply for naturalization or, if later, within six          months after November 6, 1986, and (ii) an alien who has applied          on a timely basis, but has not been naturalized as a citizen          within 2 years after the date of the application, unless the          alien can establish that the alien is actively pursuing          naturalization, except that time consumed in the Service's          processing the application shall not be counted toward the 2-         year period.       (4) Additional exception providing right to prefer equally                               qualified citizens          Notwithstanding any other provision of this section, it is not      an unfair immigration-related employment practice for a person or      other entity to prefer to hire, recruit, or refer an individual who      is a citizen or national of the United States over another      individual who is an alien if the two individuals are equally      qualified.             (5) Prohibition of intimidation or retaliation          It is also an unfair immigration-related employment practice for      a person or other entity to intimidate, threaten, coerce, or      retaliate against any individual for the purpose of interfering with      any right or privilege secured under this section or because the      individual intends to file or has filed a charge or a complaint,      testified, assisted, or participated in any manner in an      investigation, proceeding, or hearing under this section. An      individual so intimidated, threatened, coerced, or retaliated      against shall be considered, for purposes of subsections (d) and (g)      of this section, to have been discriminated against.      (6) Treatment of certain documentary practices as employment                                    practices          A person's or other entity's request, for purposes of satisfying      the requirements of section 1324a(b) of this title, for more or      different documents than are required under such section or refusing      to honor documents tendered that on their face reasonably appear to      be genuine shall be treated as an unfair immigration-related      employment practice if made for the purpose or with the intent of      discriminating against an individual in violation of paragraph (1).  (b) Charges of violations                             (1) In general          Except as provided in paragraph (2), any person alleging that      the person is adversely affected directly by an unfair immigration-     related employment practice (or a person on that person's behalf) or      an officer of the Service alleging that an unfair immigration-     related employment practice has occurred or is occurring may file a      charge respecting such practice or violation with the Special      Counsel (appointed under subsection (c) of this section). Charges      shall be in writing under oath or affirmation and shall contain such      information as the Attorney General requires. The Special Counsel by      certified mail shall serve a notice of the charge (including the      date, place, and circumstances of the alleged unfair immigration-     related employment practice) on the person or entity involved within      10 days.                   (2) No overlap with EEOC complaints          No charge may be filed respecting an unfair immigration-related      employment practice described in subsection (a)(1)(A) of this      section if a charge with respect to that practice based on the same      set of facts has been filed with the Equal Employment Opportunity      Commission under title VII of the Civil Rights Act of 1964 [42      U.S.C. 2000e et seq.], unless the charge is dismissed as being      outside the scope of such title. No charge respecting an employment      practice may be filed with the Equal Employment Opportunity      Commission under such title if a charge with respect to such      practice based on the same set of facts has been filed under this      subsection, unless the charge is dismissed under this section as      being outside the scope of this section.  (c) Special Counsel                             (1) Appointment          The President shall appoint, by and with the advice and consent      of the Senate, a Special Counsel for Immigration-Related Unfair      Employment Practices (hereinafter in this section referred to as the      ``Special Counsel'') within the Department of Justice to serve for a      term of four years. In the case of a vacancy in the office of the      Special Counsel the President may designate the officer or employee      who shall act as Special Counsel during such vacancy.                               (2) Duties          The Special Counsel shall be responsible for investigation of      charges and issuance of complaints under this section and in respect      of the prosecution of all such complaints before administrative law      judges and the exercise of certain functions under subsection (j)(1)      of this section.                            (3) Compensation          The Special Counsel is entitled to receive compensation at a      rate not to exceed the rate now or hereafter provided for grade GS-     17 of the General Schedule, under section 5332 of title 5.                          (4) Regional offices          The Special Counsel, in accordance with regulations of the      Attorney General, shall establish such regional offices as may be      necessary to carry out his duties.  (d) Investigation of charges                         (1) By Special Counsel          The Special Counsel shall investigate each charge received and,      within 120 days of the date of the receipt of the charge, determine      whether or not there is reasonable cause to believe that the charge      is true and whether or not to bring a complaint with respect to the      charge before an administrative law judge. The Special Counsel may,      on his own initiative, conduct investigations respecting unfair      immigration-related employment practices and, based on such an      investigation and subject to paragraph (3), file a complaint before      such a judge.                           (2) Private actions          If the Special Counsel, after receiving such a charge respecting      an unfair immigration-related employment practice which alleges      knowing and intentional discriminatory activity or a pattern or      practice of discriminatory activity, has not filed a complaint      before an administrative law judge with respect to such charge      within such 120-day period, the Special Counsel shall notify the      person making the charge of the determination not to file such a      complaint during such period and the person making the charge may      (subject to paragraph (3)) file a complaint directly before such a      judge within 90 days after the date of receipt of the notice. The      Special Counsel's failure to file such a complaint within such 120-     day period shall not affect the right of the Special Counsel to      investigate the charge or to bring a complaint before an      administrative law judge during such 90-day period.                   (3) Time limitations on complaints          No complaint may be filed respecting any unfair immigration-     related employment practice occurring more than 180 days prior to      the date of the filing of the charge with the Special Counsel. This      subparagraph shall not prevent the subsequent amending of a charge      or complaint under subsection (e)(1) of this section.  (e) Hearings                               (1) Notice          Whenever a complaint is made that a person or entity has engaged      in or is engaging in any such unfair immigration-related employment      practice, an administrative law judge shall have power to issue and      cause to be served upon such person or entity a copy of the      complaint and a notice of hearing before the judge at a place      therein fixed, not less than five days after the serving of the      complaint. Any such complaint may be amended by the judge conducting      the hearing, upon the motion of the party filing the complaint, in      the judge's discretion at any time prior to the issuance of an order      based thereon. The person or entity so complained of shall have the      right to file an answer to the original or amended complaint and to      appear in person or otherwise and give testimony at the place and      time fixed in the complaint.                        (2) Judges hearing cases          Hearings on complaints under this subsection shall be considered      before administrative law judges who are specially designated by the      Attorney General as having special training respecting employment      discrimination and, to the extent practicable, before such judges      who only consider cases under this section.                        (3) Complainant as party          Any person filing a charge with the Special Counsel respecting      an unfair immigration-related employment practice shall be      considered a party to any complaint before an administrative law      judge respecting such practice and any subsequent appeal respecting      that complaint. In the discretion of the judge conducting the      hearing, any other person may be allowed to intervene in the      proceeding and to present testimony.  (f) Testimony and authority of hearing officers                              (1) Testimony          The testimony taken by the administrative law judge shall be      reduced to writing. Thereafter, the judge, in his discretion, upon      notice may provide for the taking of further testimony or hear      argument.               (2) Authority of administrative law judges          In conducting investigations and hearings under this subsection      \1\ and in accordance with regulations of the Attorney General, the      Special Counsel and administrative law judges shall have reasonable      access to examine evidence of any person or entity being      investigated. The administrative law judges by subpoena may compel      the attendance of witnesses and the production of evidence at any      designated place or hearing. In case of contumacy or refusal to obey      a subpoena lawfully issued under this paragraph and upon application      of the administrative law judge, an appropriate district court of      the United States may issue an order requiring compliance with such      subpoena and any failure to obey such order may be punished by such      court as a contempt thereof. ---------------------------------------------------------------------------     \1\ So in original. Probably should be ``section''. ---------------------------------------------------------------------------  (g) Determinations                                (1) Order          The administrative law judge shall issue and cause to be served      on the parties to the proceeding an order, which shall be final      unless appealed as provided under subsection (i) of this section.                      (2) Orders finding violations          (A) In general              If, upon the preponderance of the evidence, an          administrative law judge determines that any person or entity          named in the complaint has engaged in or is engaging in any such          unfair immigration-related employment practice, then the judge          shall state his findings of fact and shall issue and cause to be          served on such person or entity an order which requires such          person or entity to cease and desist from such unfair          immigration-related employment practice.          (B) Contents of order              Such an order also may require the person or entity--                 (i) to comply with the requirements of section 1324a(b)              of this title with respect to individuals hired (or              recruited or referred for employment for a fee) during a              period of up to three years;                 (ii) to retain for the period referred to in clause (i)              and only for purposes consistent with section 1324a(b)(5) of              this title, the name and address of each individual who              applies, in person or in writing, for hiring for an existing              position, or for recruiting or referring for a fee, for              employment in the United States;                 (iii) to hire individuals directly and adversely              affected, with or without back pay;                 (iv)(I) except as provided in subclauses (II) through              (IV), to pay a civil penalty of not less than $250 and not              more than $2,000 for each individual discriminated against,                 (II) except as provided in subclauses (III) and (IV), in              the case of a person or entity previously subject to a              single order under this paragraph, to pay a civil penalty of              not less than $2,000 and not more than $5,000 for each              individual discriminated against,                 (III) except as provided in subclause (IV), in the case              of a person or entity previously subject to more than one              order under this paragraph, to pay a civil penalty of not              less than $3,000 and not more than $10,000 for each              individual discriminated against, and                 (IV) in the case of an unfair immigration-related              employment practice described in subsection (a)(6) of this              section, to pay a civil penalty of not less than $100 and              not more than $1,000 for each individual discriminated              against;                 (v) to post notices to employees about their rights              under this section and employers' obligations under section              1324a of this title;                 (vi) to educate all personnel involved in hiring and              complying with this section or section 1324a of this title              about the requirements of this section or such section;                 (vii) to remove (in an appropriate case) a false              performance review or false warning from an employee's              personnel file; and                 (viii) to lift (in an appropriate case) any restrictions              on an employee's assignments, work shifts, or movements.          (C) Limitation on back pay remedy              In providing a remedy under subparagraph (B)(iii), back pay          liability shall not accrue from a date more than two years prior          to the date of the filing of a charge with the Special Counsel.          Interim earnings or amounts earnable with reasonable diligence          by the individual or individuals discriminated against shall          operate to reduce the back pay otherwise allowable under such          paragraph. No order shall require the hiring of an individual as          an employee or the payment to an individual of any back pay, if          the individual was refused employment for any reason other than          discrimination on account of national origin or citizenship          status.          (D) Treatment of distinct entities              In applying this subsection in the case of a person or          entity composed of distinct, physically separate subdivisions          each of which provides separately for the hiring, recruiting, or          referring for employment, without reference to the practices of,          and not under the control of or common control with, another          subdivision, each such subdivision shall be considered a          separate person or entity.                    (3) Orders not finding violations          If upon the preponderance of the evidence an administrative law      judge determines that the person or entity named in the complaint      has not engaged and is not engaging in any such unfair immigration-     related employment practice, then the judge shall state his findings      of fact and shall issue an order dismissing the complaint.  (h) Awarding of attorney's fees      In any complaint respecting an unfair immigration-related employment  practice, an administrative law judge, in the judge's discretion, may  allow a prevailing party, other than the United States, a reasonable  attorney's fee, if the losing party's argument is without reasonable  foundation in law and fact.  (i) Review of final orders                             (1) In general          Not later than 60 days after the entry of such final order, any      person aggrieved by such final order may seek a review of such order      in the United States court of appeals for the circuit in which the      violation is alleged to have occurred or in which the employer      resides or transacts business.                           (2) Further review          Upon the filing of the record with the court, the jurisdiction      of the court shall be exclusive and its judgment shall be final,      except that the same shall be subject to review by the Supreme Court      of the United States upon writ of certiorari or certification as      provided in section 1254 of title 28.  (j) Court enforcement of administrative orders                             (1) In general          If an order of the agency is not appealed under subsection      (i)(1) of this section, the Special Counsel (or, if the Special      Counsel fails to act, the person filing the charge) may petition the      United States district court for the district in which a violation      of the order is alleged to have occurred, or in which the respondent      resides or transacts business, for the enforcement of the order of      the administrative law judge, by filing in such court a written      petition praying that such order be enforced.                       (2) Court enforcement order          Upon the filing of such petition, the court shall have      jurisdiction to make and enter a decree enforcing the order of the      administrative law judge. In such a proceeding, the order of the      administrative law judge shall not be subject to review.                (3) Enforcement decree in original review          If, upon appeal of an order under subsection (i)(1) of this      section, the United States court of appeals does not reverse such      order, such court shall have the jurisdiction to make and enter a      decree enforcing the order of the administrative law judge.                     (4) Awarding of attorneys' fees          In any judicial proceeding under subsection (i) of this section      or this subsection, the court, in its discretion, may allow a      prevailing party, other than the United States, a reasonable      attorney's fee as part of costs but only if the losing party's      argument is without reasonable foundation in law and fact.  (k) Termination dates      (1) This section shall not apply to discrimination in hiring,  recruiting, or referring, or discharging of individuals occurring after  the date of any termination of the provisions of section 1324a of this  title, under subsection (l) \2\ of that section. ---------------------------------------------------------------------------     \2\ See References in Text note below. ---------------------------------------------------------------------------     (2) The provisions of this section shall terminate 30 calendar days  after receipt of the last report required to be transmitted under  section 1324a(j) \2\ of this title if--         (A) the Comptroller General determines, and so reports in such      report that--             (i) no significant discrimination has resulted, against          citizens or nationals of the United States or against any          eligible workers seeking employment, from the implementation of          section 1324a of this title, or             (ii) such section has created an unreasonable burden on          employers hiring such workers; and          (B) there has been enacted, within such period of 30 calendar      days, a joint resolution stating in substance that the Congress      approves the findings of the Comptroller General contained in such      report.  The provisions of subsections (m) and (n) \2\ of section 1324a of this  title shall apply to any joint resolution under subparagraph (B) in the  same manner as they apply to a joint resolution under subsection (l) \2\  of such section.  (l) Dissemination of information concerning anti-discrimination          provisions      (1) Not later than 3 months after November 29, 1990, the Special  Counsel, in cooperation with the chairman of the Equal Employment  Opportunity Commission, the Secretary of Labor, and the Administrator of  the Small Business Administration, shall conduct a campaign to  disseminate information respecting the rights and remedies prescribed  under this section and under title VII of the Civil Rights Act of 1964  [42 U.S.C. 2000e et seq.] in connection with unfair immigration-related  employment practices. Such campaign shall be aimed at increasing the  knowledge of employers, employees, and the general public concerning  employer and employee rights, responsibilities, and remedies under this  section and such title.     (2) In order to carry out the campaign under this subsection, the  Special Counsel--         (A) may, to the extent deemed appropriate and subject to the      availability of appropriations, contract with public and private      organizations for outreach activities under the campaign, and         (B) shall consult with the Secretary of Labor, the chairman of      the Equal Employment Opportunity Commission, and the heads of such      other agencies as may be appropriate.      (3) There are authorized to be appropriated to carry out this  subsection $10,000,000 for each fiscal year (beginning with fiscal year  1991).  (June 27, 1952, ch. 477, title II, ch. 8, Sec. 274B, as added Pub. L.  99-603, title I, Sec. 102(a), Nov. 6, 1986, 100 Stat. 3374; amended Pub.  L. 100-525, Sec. 2(b), Oct. 24, 1988, 102 Stat. 2610; Pub. L. 101-649,  title V, Secs. 531, 532(a), 533(a), 534(a), 535(a), 536(a), 537(a),  539(a), Nov. 29, 1990, 104 Stat. 5054-5056; Pub. L. 102-232, title III,  Sec. 306(b)(1), (3), (c)(1), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 103- 416, title II, Sec. 219(q), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104- 208, div. C, title IV, Sec. 421(a), title VI, Sec. 671(d)(1)(B), Sept.  30, 1996, 110 Stat. 3009-670, 3009-723.)                         References in Text      The Civil Rights Act of 1964, referred to in subsecs. (b)(2) and  (l)(1), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title  VII of the Civil Rights Act of 1964 is classified generally to  subchapter VI (Sec. 2000e et seq.) of chapter 21 of Title 42, The Public  Health and Welfare. For complete classification of this Act to the Code,  see Short Title note set out under section 2000a of Title 42 and Tables.     Subsections (j), (l), (m), and (n) of section 1324a of this title,  referred to in subsec. (k), were repealed by Pub. L. 104-208, div. C,  title IV, Sec. 412(c), Sept. 30, 1996, 110 Stat. 3009-668.                                  Amendments      1996--Subsec. (a)(3)(B). Pub. L. 104-208, Sec. 671(d)(1)(B), struck  out ``, 1161(a),'' after ``section 1160(a)''.     Subsec. (a)(6). Pub. L. 104-208, Sec. 421(a), substituted ``A  person's'' for ``For purposes of paragraph (1), a person's'' and ``if  made for the purpose or with the intent of discriminating against an  individual in violation of paragraph (1)'' for ``relating to the hiring  of individuals''.     1994--Subsec. (g)(2)(C). Pub. L. 103-416 substituted ``the Special  Counsel'' for ``an administrative law judge'' in first sentence.     1991--Subsec. (g)(2)(B)(iv)(II). Pub. L. 102-232, Sec. 306(b)(1),  substituted ``subclauses (III) and (IV)'' for ``subclause (IV)''.     Subsec. (g)(2)(B)(iv)(IV). Pub. L. 102-232, Sec. 306(b)(3)(A),  substituted a semicolon for period at end.     Subsec. (g)(2)(B)(v), (vi). Pub. L. 102-232, Sec. 306(b)(3)(B),  substituted semicolons for commas at end.     Subsec. (g)(2)(B)(vii). Pub. L. 102-232, Sec. 306(b)(3)(C), (D),  substituted a semicolon for comma at end and ``to remove (in an  appropriate case)'' for ``to order (in an appropriate case) the removal  of''.     Subsec. (g)(2)(B)(viii). Pub. L. 102-232, Sec. 306(b)(3)(E),  substituted ``to lift (in an appropriate case)'' for ``to order (in an  appropriate case) the lifting of''.     Subsec. (g)(2)(D). Pub. L. 102-232, Sec. 306(c)(1), substituted  ``physically'' for ``physicially''.     1990--Subsec. (a)(1)(B). Pub. L. 101-649, Sec. 533(a)(1),  substituted ``protected individual'' for ``citizen or intending  citizen''.     Subsec. (a)(3). Pub. L. 101-649, Sec. 533(a)(2), (3), in heading and  text substituted ``protected individual'' for ``citizen or intending  citizen''.     Subsec. (a)(3)(B). Pub. L. 101-649, Sec. 533(a)(4), substituted ``is  an alien who is lawfully admitted for permanent residence, is granted  the status of an alien lawfully admitted for temporary residence under  section 1160(a), 1161(a), or 1255a(a)(1) of this title, is admitted as a  refugee under section 1157 of this title, or is granted asylum under  section 1158 of this title; but does not'' for ``is an alien who--         ``(i) is lawfully admitted for permanent residence, is granted      the status of an alien lawfully admitted for temporary residence      under section 1160(a), 1161(a), or 1255a(a)(1) of this title, is      admitted as a refugee under section 1157 of this title, or is      granted asylum under section 1158 of this title, and         ``(ii) evidences an intention to become a citizen of the United      States through completing a declaration of intention to become a      citizen; but does not'', and in closing provisions substituted ``(i)'' and  ``(ii)'' for ``(I)'' and ``(II)'', respectively.     Pub. L. 101-649, Sec. 532(a), inserted reference to sections 1160(a)  and 1161(a) of this title in cl. (i).     Subsec. (a)(5). Pub. L. 101-649, Sec. 534(a), added par. (5).     Subsec. (a)(6). Pub. L. 101-649, Sec. 535(a), added par. (6).     Subsec. (d)(2). Pub. L. 101-649, Sec. 537(a), inserted ``the Special  Counsel shall notify the person making the charge of the determination  not to file such a complaint during such period and'' after ``120-day  period,'', inserted ``within 90 days after the date of receipt of the  notice'' before period at end, and inserted at end ``The Special  Counsel's failure to file such a complaint within such 120-day period  shall not affect the right of the Special Counsel to investigate the  charge or to bring a complaint before an administrative law judge during  such 90-day period.''     Subsec. (g)(2)(B)(iii). Pub. L. 101-649, Sec. 539(a)(1), struck out  ``and'' at end.     Subsec. (g)(2)(B)(iv). Pub. L. 101-649, Sec. 539(a)(2), which  directed the substitution of a comma for the period at end of cl.  (iv)(II), could not be executed because of the general amendment of cl.  (iv) by Pub. L. 101-649, Sec. 536(a), see below.     Pub. L. 101-649, Sec. 536(a), amended cl. (iv) generally. Prior to  amendment, cl. (iv) read as follows:     ``(I) except as provided in subclause (II), to pay a civil penalty  of not more than $1,000 for each individual discriminated against, and     ``(II) in the case of a person or entity previously subject to such  an order, to pay a civil penalty of not more than $2,000 for each  individual discriminated against.''     Subsec. (g)(2)(B)(v) to (viii). Pub. L. 101-649, Sec. 539(a)(3),  added cls. (v) to (viii).     Subsec. (l). Pub. L. 101-649, Sec. 531, added subsec. (l).     1988--Subsec. (a)(1). Pub. L. 100-525, Sec. 2(b)(1), inserted  reference to section 1324a(h)(3) of this title.     Subsec. (e)(3). Pub. L. 100-525, Sec. 2(b)(2), struck out ``said''  before ``proceeding''.     Subsec. (g)(2)(A). Pub. L. 100-525, Sec. 2(b)(3), substituted  ``that'' for ``that that''.     Subsec. (g)(2)(B)(ii). Pub. L. 100-525, Sec. 2(b)(4), substituted  ``1324a'' for ``1324''.     Subsec. (g)(3). Pub. L. 100-525, Sec. 2(b)(5), substituted ``engaged  and'' for ``engaged or''.     Subsec. (h). Pub. L. 100-525, Sec. 2(b)(6), substituted  ``attorney's'' for ``attorneys' '' in heading.                       Effective Date of 1996 Amendment      Section 421(b) of div. C of Pub. L. 104-208 provided that: ``The  amendments made by subsection (a) [amending this section] shall apply to  requests made on or after the date of the enactment of this Act [Sept.  30, 1996].''                       Effective Date of 1994 Amendment      Amendment by Pub. L. 103-416 effective as if included in the  enactment of the Immigration Act of 1990, Pub. L. 101-649, see section  219(dd) of Pub. L. 103-416, set out as a note under section 1101 of this  title.                       Effective Date of 1991 Amendment      Amendment by Pub. L. 102-232 effective as if included in the  enactment of the Immigration Act of 1990, Pub. L. 101-649, see section  310(1) of Pub. L. 102-232, set out as a note under section 1101 of this  title.                       Effective Date of 1990 Amendment      Section 532(b) of Pub. L. 101-649 provided that: ``The amendment  made by subsection (a) [amending this section] shall apply to actions  occurring on or after the date of the enactment of this Act [Nov. 29,  1990].''     Section 533(b) of Pub. L. 101-649 provided that: ``The amendments  made by subsection (a) [amending this section] shall apply to unfair  immigration-related employment practices occurring before, on, or after  the date of the enactment of this Act [Nov. 29, 1990].''     Section 534(b) of Pub. L. 101-649 provided that: ``The amendment  made by subsection (a) [amending this section] shall apply to actions  occurring on or after the date of the enactment of this Act [Nov. 29,  1990].''     Section 535(b) of Pub. L. 101-649 provided that: ``The amendment  made by subsection (a) [amending this section] shall take effect on the  date of the enactment of this Act [Nov. 29, 1990], but shall apply to  actions occurring on or after such date.''     Section 536(b) of Pub. L. 101-649 provided that: ``The amendments  made by this section [amending this section] shall apply to unfair  immigration-related employment practices occurring after the date of the  enactment of this Act [Nov. 29, 1990].''     Section 537(b) of Pub. L. 101-649 provided that: ``The amendments  made by subsection (a) [amending this section] shall apply to charges  received on or after the date of the enactment of this Act [Nov. 29,  1990].''     Section 539(b) of Pub. L. 101-649 provided that: ``The amendments  made by subsection (a) [amending this section] shall apply to orders  with respect to unfair immigration-related employment practices  occurring on or after the date of the enactment of this Act [Nov. 29,  1990].''                       Effective Date of 1988 Amendment      Amendment by Pub. L. 100-525 effective as if included in enactment  of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see  section 2(s) of Pub. L. 100-525, set out as a note under section 1101 of  this title.    Abolition of Immigration and Naturalization Service and Transfer of                                  Functions      For abolition of Immigration and Naturalization Service, transfer of  functions, and treatment of related references, see note set out under  section 1551 of this title.            References in Other Laws to GS-16, 17, or 18 Pay Rates      References in laws to the rates of pay for GS-16, 17, or 18, or to  maximum rates of pay under the General Schedule, to be considered  references to rates payable under specified sections of Title 5,  Government Organization and Employees, see section 529 [title I,  Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376  of Title 5.                          No Effect on EEOC Authority      Section 102(b) of Pub. L. 99-603 provided that: ``Except as may be  specifically provided in this section, nothing in this section shall be  construed to restrict the authority of the Equal Employment Opportunity  Commission to investigate allegations, in writing and under oath or  affirmation, of unlawful employment practices, as provided in section  706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5), or any other  authority provided therein.''  
Updated August 6, 2015