[Code of Federal Regulations] [Title 28, Volume 2] [Revised as of July 1, 2008] From the U.S. Government Printing Office via GPO Access [CITE: 28CFR44]  [Page 8-9]                       TITLE 28--JUDICIAL ADMINISTRATION                 CHAPTER I--DEPARTMENT OF JUSTICE (CONTINUED)   PART 44_UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES--Table of Contents                               Subpart A_General                                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.    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        (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  immigration-related employment practice; or     (3) An officer of the Immigration and Naturalization Service who  files a charge with the Special Counsel that alleges that an unfair  immigration-related employment practice has occurred.     (c) Protected individual means an individual who--     (1) Is a citizen or national of the United States; or     (2) Is an alien who is lawfully admitted for permanent residence, is  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), is  admitted as a refugee under 8 U.S.C. 1157, or is granted asylum under 8  U.S.C. 1158. The status of an alien whose application for temporary  resident status under 8 U.S.C. 1160(a), 8 U.S.C. 1161(a), or 8 U.S.C.  1255a(a)(1) is approved shall be adjusted to that of a lawful temporary  resident as of the date indicated on the application fee receipt issued  at the Immigration and Naturalization Service Legalization Office. As  used in this definition, the term ``protected individual'' does not  include an alien who--     (i) 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, by May 6,  1987; or     (ii) Has applied on a timely basis, but has not been naturalized as  a citizen within two years after the date of the application, unless the  alien can establish that he or she is actively pursuing naturalization,  except that time consumed in the Immigration and Naturalization  Service's processing of the application shall not be counted toward the  two-year period.     (d) Complaint means a written submission filed with an  administrative law judge by the Special Counsel or the charging party,  other than an officer of the Immigration and Naturalization Service,  that is based on the same charge filed with the Special Counsel.     (e) Injured party means a person who claims to have been adversely  affected directly by an unfair immigration-related employment practice  or, in the case of a charge filed by an officer of the Immigration and  Naturalization Service or by a charging party other than the injured  party, is alleged to be so affected.     (f) Respondent means a person or entity against whom a charge of an  unfair immigration-related employment practice has been filed.     (g) Special Counsel means the Special Counsel for Immigration- Related Unfair Employment Practices appointed by the President under  section 102 of the Immigration Reform and Control Act of 1986, or his or  her designee.  [Order No. 1225-87, 52 FR 37409, Oct. 6, 1987, as amended by Order No.  1520-91, 56 FR 40249, Aug. 14, 1991; Order No. 1807-93, 58 FR 59948,  Nov. 12, 1993]     
Updated August 6, 2015