U.S. DEPARTMENT of Justice Civil Rights Division Reverse order of names Office of Special Counsel For Immigration-Related Unfair Employment Practices

Historical Overview of OSC Immigration Reform and Control Act of 1986 (IRCA) Initiated Employer Sanctions for Knowingly Hiring Undocumented Workers Established Form I-9 Employment Eligibility Verification Process Created OSC to Enforce Anti-Discrimination Provision of the Immigration and Nationality Act (INA) Before this slide, have an outline/overview/roadmap; Make banner darker Employer Hotline: 1-800-255-8155 Worker Hotline: 1-800-255-7688 Office of Special Counsel for Immigration Related Unfair Employment Practices: www.justice.gov/about/osc

Prohibited Conduct Under the INA’s Anti-Discrimination Provision 8 U.S.C. 1324b Citizenship/Immigration status discrimination National origin discrimination Document abuse Retaliation or Intimidation make a table of contents/overview; adjust color of the graphic; change title to “Prohibited Conduct” Employer Hotline: 1-800-255-8155 Worker Hotline: 1-800-255-7688 Office of Special Counsel for Immigration Related Unfair Employment Practices: www.justice.gov/about/osc

Citizenship/Immigration Status Discrimination: Definition: Employers may not treat individuals differently because they are, or are not, U.S. citizens or work authorized individuals. Type of Employer: All employers with more than 3 workers Action: With respect to Hiring, Firing, and Recruitment or Referral for a Fee General definitions, draw from hypothetical; LPR define Employer Hotline: 1-800-255-8155 Worker Hotline: 1-800-255-7688 Office of Special Counsel for Immigration Related Unfair Employment Practices: www.justice.gov/about/osc

Recruit or Refer for a Fee Defined 8 C.F.R. Sec. 274a.1(d) & (e) sending or directing a person or transmitting documentation, directly or indirectly, to another with the intent of obtaining employment for remuneration soliciting a person, directly or indirectly, and referring that person to another with the intent of obtaining employment for remuneration

Citizenship Status Discrimination Examples Only hires U.S. citizens (unless that policy is specifically required by law). U.S. citizens only requirements - without legal authority Preferring H-1B, H-2A or other temporary workers Web-Based Want-Ads Employer Hotline: 1-800-255-8155 Worker Hotline: 1-800-255-7688 Office of Special Counsel for Immigration Related Unfair Employment Practices: www.justice.gov/about/osc

Recent Settlements on Web-Based Want Ads American Academy of Pediatrics Canvas Corporation Iflowsoft

Section 230 of the Communications Decency Act Fair Housing Council of San Fernando Valley v. Roommates.com, 521 F.3d 1157 (9th Cir. 2008) (en banc)

Civil Penalties Civil Penalties continue to increase Citizenship Status Discrimination/National Origin Discrimination 1st Violation  $375 - $3,200 Civil Penalties continue to increase Document Abuse Violations  $110 - $1,100 Change $ graphic Employer Hotline: 1-800-255-8155 Worker Hotline: 1-800-255-7688 Office of Special Counsel for Immigration Related Unfair Employment Practices: www.justice.gov/about/osc

OSC works in partnership with other federal, state and local civil rights and labor law agencies as well as trade associations, labor and community groups. If we can’t help you, we can direct you to the appropriate office for assistance. Employer Hotline: 1-800-255-8155 Worker Hotline: 1-800-255-7688 Office of Special Counsel for Immigration Related Unfair Employment Practices: www.justice.gov/about/osc

Telephone Interventions As an alternative to the charge process, OSC resolves over 200 cases annually through its speedy Telephone Intervention System for willing employers and workers. Employer Hotline: 1-800-255-8155 Worker Hotline: 1-800-255-7688 Office of Special Counsel for Immigration Related Unfair Employment Practices: www.justice.gov/about/osc

Employee: 1-800-255-7688 Employer: 1-800-255-8155 Cartoon Booklet Employer Guide If you have any questions, or need printed materials, call the toll free number: Employee: 1-800-255-7688 Employer: 1-800-255-8155 www.justice.gov/crt/about/osc/ Email: osccrt@usdoj.gov Worker Brochure Employer Brochure