A. The Office of Special Counsel for Immigration Related
Unfair Employment Practices (OSC) in the Department's Civil
Rights Division protects immigrants and other workers from
employment discrimination based upon citizenship status, national
origin, language, accent or similar factors.
OSC, in partnership with the Equal
Employment Opportunity Commission and Department of Labor
Office
of Federal Contract Compliance, Women's
Bureau, and Wage
& Hour Division--other agencies whose missions it
is to protect the rights of workers--has conducted workshops
in immigrant communities in Chicago, Los Angeles, Phoenix,
Dallas, Houston, Miami and New York to hear directly form
workers about possible complaints of employment discrimination.
In addition, it has conducted outreach to employers in various
cities in order to increase employer understanding of employers
sanctions and the protections against discrimination. In 1998
and 1999, OSC expanded its focus in order to cover new areas
with increasing immigrant populations such as Nebraska, Iowa,
North Carolina, and Oregon.
In an effort to increase accessibility to its services and
resources, OSC has signed and/or reinvigorated 41 Memoranda
of Understanding with various state and local human rights
agencies, where individuals can now obtain OSC information
and file charges of immigration related employment discrimination.
In existence since 1987, the Office of Special Counsel has
received over 6,000 charges and recovered more than $1.9 million
in back pay and assessed over $1.3 million in civil penalties.
The Office of Special Counsel will continue to address immigration-related
employment and other immigrant rights issues. For further
information, call 1-800-255-7688 or write to:
U.S. Department of Justice
Civil Rights Division
Office of Special Counsel for
Immigration-Related Unfair Employment Practices
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
The Office of Special Counsel has multilingual staff and
attorneys ready to assist workers, employers and the public
on immigrant employment discrimination matters.
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Q. What is the Immigration and Nationality Act (INA)?
A. The Immigration and Nationality Act (INA) is the
federal law governing almost all immigration matters. It prohibits
employers from knowingly hiring undocumented workers and requires
employers to verify their employees' identity and work eligibility
as specified on the I-9
form. In addition, it prohibits job discrimination based
on immigration status.
INA's antidiscrimination provisions intend that all employees
and job applicants are treated equally, whether or not they
are U.S. citizens. INA prohibits employment discrimination
on the basis of a potential worker's national origin or citizenship
status. Under INA, workers must prove both identity and work
authorization, but there are several combinations of legally
acceptable documents from which they can choose. These combinations
are listed on the back of the I-9 form, which must be completed
for every employee, regardless of national origin, including
U.S. citizens. An employer's failure to verify identity and
employment eligibility is punishable by fine.
Congress established the Office of Special Counsel for Immigration
Related Unfair Employment Practices (OSC), a component of
the Civil Rights Division of the Department of Justice, to
enforce the antidiscrimination provisions of INA and to educate
the public about immigration-related employment discrimination.
- Since 1987, OSC has received more than 6,000 charges of
discrimination based on national origin or citizenship status.
- Since 1987, OSC has collected almost $2 million in back
pay to compensate victims of employment discrimination,
and has assessed more than $1.3 million in civil penalties
for violations of the antidiscrimination provisions.
- Most new immigrants come from Latin America and Asia.
Therefore, Latinos and Asians, both native-born citizens
and newcomers, are the most likely victims of job discrimination
based on citizenship status or national origin.
- OSC serves all U.S. citizens, legal permanent residents,
refugees and asylees. Recent cases have included long-time
U.S. citizens who suffered immigration job related discrimination.
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Q. What are
my rights and responsibilities?
A. The Immigration and Nationality
Act (INA) prohibits employers with four or more employees,
when hiring, discharging, or recruiting or referring for a
fee, from
- Discriminating because of national origin against U.S.
citizens, U.S. nationals, and authorized aliens. (Employers
of 15 or more employees should note that the ban on national
origin discrimination against any individual under Title
VII of the Civil Rights Act of 1964 continues to apply.)
- Discriminating because of citizenship status against U.S.
citizens, U.S. nationals, and the following classes of aliens
with work authorization: permanent residents, temporary
residents (that is, individuals who have gone through the
legalization program), refugees, and asylees.
Employers can demonstrate compliance with the law by following
the verification (I-9 Form) requirements and treating all
new employees the same. This includes the following steps:
- Establish a policy of hiring only individuals who are
authorized to work. A "U.S. citizens only" policy
in hiring is illegal. An employer may require U.S. citizenship
for a particular job only if it is required by federal,
state, or local law, or by government contract.
- Complete the I-9
Form for all new hires. This form gives employers a
way to establish that the individuals they hire are authorized
to work in the United States. Permit employees to present
any document or combination of documents acceptable by law.
Employers cannot prefer one document over others for purposes
of completing the I-9 Form. Authorized aliens do not carry
the same documents. For example, not all aliens who are
authorized to work are issued "green cards." As
long as the documents are allowed by law and appear to be
genuine on their face and to relate to the person, they
should be accepted. Not to do so is illegal. For the list
of documents that establish identity and work eligibility,
please see the List of Acceptable Documents.
The amendment of INA to include the Immigration Reform and
Control Act in 1986 established the Office of Special Counsel
for Immigration-Related Unfair Employment Practices to enforce
the INA antidiscrimination provisions. Discrimination charges
are filed with this Office. Charges or written inquiries should
be sent to:
U.S. Department of
Justice
Civil Rights Division
Office of Special Counsel for
Immigration-Related Unfair Employment Practices
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
For more information, call the OSC Employer Hotline at 1-800-255-8155
(toll free); 1-800-362-2735 (TDD device for the hearing impaired).
For questions about Title VII, please contact the Equal Employment
Opportunity Commission at 1-800-669-4000 (toll free) or 202-275-7518
(TDD) or visit their website at http://www.eeoc.gov.
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Q. What is the I-9 list
of acceptable documents to prove identity and work eligibility?
A. The following is the I-9 list of acceptable documents:
List A
Documents that Establish Both Identity and Employment Eligibility.
- U.S. Passport (unexpired or expired)
- Certificate of U.S. Citizenship (INS Form N-560 or N-561)
- Certificate of Naturalization (INS Form N-550 or N-570)
- Unexpired foreign passport, with I-551 stamp or attached
INS Form I-94 indicating unexpired employment authorization
- Alien Registration Receipt Card with photograph (INS
Form I-151 or I-551)
- Unexpired Temporary Resident Card (INS Form I-688)
- Unexpired Employment Authorization Card (INS Form I-688A)
- Unexpired Reentry Permit (INS Form I-327)
- Unexpired Refugee Travel Document (INS Form I-571)
- Unexpired Employment Authorization Document issued by
the INS which contains a photograph (INS Form I-688B)
OR
List B
Documents that Establish Identity
- Driver's license or ID card issued by a state or outlying
possession of the United States provided it contains a photograph
or information such as name, date of birth, sex, height,
eye color, and address
- ID card issued by federal, state or local government
agencies or entities provided it contains a photograph or
information such as name, date of birth, sex, height, eye
color, and address
- School ID card with a photograph
- Voter's registration card
- U.S. Military card or draft record
- Military dependent's ID card
- U.S. Coast Guard Merchant Mariner Card
- Native American tribal document
- Driver's license issued by a Canadian government authority
For persons under age 18 who are unable to present a
document listed above:
- School record or report card
- Clinic, doctor, or hospital record
- Day-care or nursery school record
AND
List C
Documents that Establish Employment
Eligibility
- U.S. social security card issued by the Social Security
Administration (other than a card stating it is not valid
for employment)
- Certification of Birth Abroad issued by the Department
of State (Form FS-545 or Form DS-1350)
- Original or certified copy of a birth certificate issued
by a state, county, municipal authority or outlying possession
of the United States bearing an official seal
- Native American tribal document
- U.S. Citizen ID Card (INS Form I-197)
- ID Card for use of Resident Citizen in the United States
(INS Form I-179)
- Unexpired employment authorization document issued by
the INS (other than those listed under List A)
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Q. Where can employers call
to get up-to-date, accurate information instantly?
A. OSC has a toll-free automated telephone hotline
for employers. The number to call is 1-800-255-8155 (and 1-800-362-2735
for the hearing impaired). Information is available 24 hours
a day and features easy-to-follow prompts to receive prerecorded
answers to employers' most often-asked questions.
OSC research has consistently shown that many incidents of
immigration-related employment discrimination are due to employers'
confusion about the documents they can accept for I-9 purposes.
The new system will help to increase awareness of the Immigration
and Nationality Act's (INA) antidiscrimination provisions
and provide the detailed and up-to-date information that employers
need when they need it.
The hotline offers callers taped information on four key
subjects:
- Tips on avoiding immigration-related discrimination when
completing the I-9
form;
- Information on how to avoid immigration-related discrimination
in hiring practices;
- A summary of the penalties for employment discrimination;
and
- The acceptable documents that establish
identity and work eligibility.
Callers who need additional information will be able to speak
with an OSC representative from 9 a.m. to 5 p.m., Eastern
Standard Time/Eastern Daylight Time.
The hotline's Fax-Back option addresses employers' need for
current information. Callers can key in their fax machine
number, and within minutes they will receive by fax a copy
of the list of documents acceptable for establishing identity
and work eligibility. They will also receive information on
INA's anti-discrimination provisions. The system offers employers
immediate access to the most current information on acceptable
work-authorization documents. OSC will immediately update
the telephone system's recorded and Fax-Back information to
reflect any changes to the list of acceptable documents.
For more information, please contact:
U.S. Department of Justice
Civil Rights Division
Office of Special Counsel for
Immigration-Related Unfair Employment Practices
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
General Information: 1-800-255-7688
1-800-237-2515 (TDD for hearing impaired)
Automated Employer Hotline: 1-800-255-8155
1-800-362-2735 (TDD for hearing impaired)
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Q. What is the "Look at
the Facts...Not at the Faces" campaign?
A. "Look at the Facts. . .Not at the Faces"
is an ongoing campaign to inform the work-authorized immigrant
population and their employers--mostly small business owners--about
the antidiscrimination provisions of the Immigration
and Nationality Act (INA) and the unfair employment practices
made illegal by these provisions.
The campaign focuses on newly arrived immigrants and small
business employers. Newly arrived immigrants tend to experience
INA-related discrimination more than other workers. Employers
of these work-authorized immigrants tend to be small business
owners with 4-25 employees. Typically, these business owners
have limited time to become acquainted with the complexities
of government regulations.
A key element in outreach to employers is, therefore, promotion
of the OSC Employer Hotline. The Hotline provides simple,
straightforward answers to employers' most frequently asked
questions about INA. It includes a fax back feature so callers
may receive a copy of the I-9
form and a list of legally acceptable
documents.
In addition to educating employers, OSC also wants workers
to understand their rights under INA. Workers cannot be fired
or denied employment because of their national origin or citizenship
status. They also have the right to choose which legally acceptable
documents to present to establish their identity and right
to work in the United States.
A separate toll free number, staffed by multi-lingual operators,
is maintained for workers. Callers may be directed to an OSC
attorney, and, if their claims have merit, may receive back
pay, benefits, and job reinstatement.
OSC's campaign uses broadcast and print advertising and PSAs,
and story placement to promote awareness of INA among workers
and employers alike. Information kits, brochures,
posters, and other print materials have also been widely
distributed.
To obtain more information about INA and the role of the
Office of Special Counsel, call 1-800-255-8155.
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Q. What are the 10 steps to
take to avoid immigration related employment discrimination?
A.
- Treat all people the same when announcing a job, taking
applications, interviewing, offering a job, verifying eligibility
to work, hiring, and firing.
- Accept the document(s) the employee presents. As long
as the documents prove identity and work authorization and
are included in the list on the back of the I-9
form, they are acceptable.
- Accept documents that appear to be genuine. Establishing
the authenticity of a document is not your responsibility.
- Avoid "citizen only" or "permanent resident
only" hiring policies. In most cases, it is illegal
to require job applicants to have a particular immigration
status.
- Give out the same job information over the telephone
to all callers, and use the same application form for all
applicants.
- Base all decisions about firing on job performance and/or
behavior, not on the appearance, accent, name, or citizenship
status of your employees.
- Complete the I-9 form and keep it on file for at least
3 years from the date of employment or for 1 year after
the employee leaves the job, whichever is later. You must
also make the forms available to government inspectors upon
request.
- On the I-9 form, verify that you have seen documents
establishing identity and work authorization for all
your new employees U.S. citizens and noncitizens alike hired
after November 6, 1986.
- Remember that many work authorization documents must
be renewed on or before their expiration date, and the I-9
form must be updated. This process is called reverification.
At this time, you must accept any valid documents your employee
chooses to present, whether or not they are the same documents
provided initially.
(Note: You do not need to see an identity document when
the I-9 form is updated.)
- Be aware that U.S. citizenship, or nationality, belongs
not only to persons born in the United States but also to
all individuals born to a U.S. citizen, and those born in
Puerto Rico, Guam, the Virgin Islands, the Commonwealth
of Northern Mariana Islands, American Samoa, and Swains
Island. Citizenship is granted to legal immigrants after
they complete the naturalization process.
For more information, call the OSC Employer Hotline
at 1-800-255-8155.
Worker Hotline: 1-800-255-7688 Employer
Hotline: 1-800-255-8155 |