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

2. 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:
Worker Hotline:
Office of Special Counsel for Immigration Related Unfair Employment Practices:

3. 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:
Worker Hotline:
Office of Special Counsel for Immigration Related Unfair Employment Practices:

4. 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:
Worker Hotline:
Office of Special Counsel for Immigration Related Unfair Employment Practices:

5. 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

6. 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:
Worker Hotline:
Office of Special Counsel for Immigration Related Unfair Employment Practices:

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

8. 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)

9. 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:
Worker Hotline:
Office of Special Counsel for Immigration Related Unfair Employment Practices:

10. 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:
Worker Hotline:
Office of Special Counsel for Immigration Related Unfair Employment Practices:

11. 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:
Worker Hotline:
Office of Special Counsel for Immigration Related Unfair Employment Practices:

12. 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:
Employer:
Worker Brochure
Employer Brochure