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Education and Enforcement of the Antidiscrimination Provision of the Immigration and Nationality Act

Published on AidPage by IDILOGIC on Jun 24, 2005

Administered by:

US Federal Government Agency (see all agencies)
Department of Justice , Civil Rights Division
CFDA #: 16.110

Possible uses and use restrictions...

The anti-discrimination provisions of the INA prohibit employment discrimination based upon national origin and citizenship status against U.S. citizens and other legally authorized workers with respect to hiring, firing, and recruitment or referral for a fee, and unfair documentary practices during verification of employment eligibility. The INA also prohibits retaliation for the purpose of interfering with any right or privilege secured by the anti-discrimination provisions, or because an individual has participated in a proceeding to enforce those provisions. The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) was created by Congress to enforce these provisions, and to educate the public about its responsibilities and rights under the law. The goal of OSC's grant program is to educate workers and employers about the anti-discrimination provisions of the INA in order to reduce incidents of employment discrimination. Grants are awarded to nonprofit organizations, non-governmental entities, private groups, and state and local governments and, if applicable, sub-grantees. The INA's prohibition against citizenship status discrimination applies to employers with more than three employees, and covers: (1) U.S. citizens and nationals; (2) lawful permanent residents; (3) temporary residents under the Special Agricultural Worker program (SAW) and Replenishment Agricultural Worker program (RAW); (4) refugees and (5) asylees. The INA's prohibition against national origin discrimination applies to employers with four to 14 employees and covers U.S. citizens, and all individuals with work authorization. Employers with 15 or more employees are subject to Title VII of the Civil Rights Act of 1964, which also prohibits discrimination on the basis of national origin. Charges incorrectly filed with OSC are automatically referred to the EEOC and vice versa. The INA's prohibition against unfair documentary practices applies to employers with more than three employees, and protects U.S. citizens and all individuals with work authorization.