Education and Enforcement of the Antidiscrimination Provision of the Immigration and Nationality Act
Published on AidPage by IDILOGIC
on Jun 24, 2005
Purpose of this program:
To educate employers and workers about their rights and responsibilities under the Immigration and Nationality Act (INA), which prohibits employment discrimination based on citizenship status and national origin, and unfair documentary practices with respect to verification or employment eligibility.
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.
Who is eligible to apply...
The OSC welcomes grant proposals from nonprofit organizations such as local, regional, and national ethnic and immigrant rights advocacy organizations, labor organizations, trade associations, industry groups, professional organizations, state and local government agencies, and other entities that provide information services to potential victims of discrimination and/or employers.
Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.
About this section:
This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy.
For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree,
3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible.
Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they
Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications
are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs,
the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.
How to apply...
The applicant must submit the following forms: Application for Federal Assistance (SF 424); Certification Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters, and Drug-Free Workplace Requirements (DOJ/OJP Form 4061/6); Disclosure Form to Report Lobbying (SF LLL), and Assurances (DOJ/OJP Form 4000/3). In addition, the application package must include an abstract, a program narrative, a proposed budget, and resumes of professional staff proposed in the budget.
Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.
Federal officials will review and rate grant applications according to standards published in the Federal Register announcement of availability of funds. Final award decisions are made by the Special Counsel for Immigration-Related Unfair Employment Practices.
Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check.
Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office,
or by an authorized county office. The assistance may pass through the initial applicant for further distribution by
intermediate level applicants to groups or individuals in the private sector.
Deadlines and process...
Contact the Office of Special Counsel listed below.
When available, this section indicates the deadlines for applications to the funding agency which will
be stated in terms of the date(s) or between what dates the application should be received.
When not available, applicants should contact the funding agency for deadline information.
Range of Approval/Disapproval Time
4 to 5 months.
None. This program is excluded from coverage under E.O. 12372.
This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units
prior to the submission of a formal application to the federal funding agency.
In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission
of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or
applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).
In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.
Who can benefit...
The educational efforts under the grant should be directed to (1) work-authorized non-citizens who are protected individuals (since this group is especially vulnerable to employment discrimination); (2) citizens who are most likely to become victims of prohibited employment discrimination under the INA; and/or (3) employers, especially small businesses.
About this section:
This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.
What types of assistance...
The funding, for fixed or known periods, of specific projects. Project grants can include fellowships, scholarships, research grants, training grants, traineeships, experimental and demonstration grants, evaluation grants, planning grants, technical assistance grants, survey grants, and construction grants.
Provision of Specialized Services
Programs which provide Federal personnel directly to perform certain tasks for the benefit of communities or individuals. These services may be performed in conjunction with nonfederal personnel, but they involve more than consultation, advice, or counseling.
Investigation of Complaints
Federal administrative agency activities that are initiated in response to requests, either formal or informal, to examine or investigate claims of violations of Federal statutes, policies, or procedure. The origination of such claims must come from outside the Federal government.
How much financial aid...
Range and Average of Financial Assistance
For grants approved in FY 03, the range was $40,000 to $85,000, average $61,000 ($675,000/11). For grants that will be approved in FY 04, the range is expected to be $35,000 - $100,000.
This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.
(Grants) FY 03 $674,997; FY 04 est $675,000; and FY 05 est $675,000. (Salaries and Expenses) FY 03 $6,985,000; FY 04 est $7,132,000; and FY 05 est $7,034,000.
The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.
Note: This 11-digit budget account identification code represents the account which funds a particular program.
This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.
Examples of funded projects...
Asian Pacific American Legal Resource Center, Catholic Charities of Dallas; Catholic Charities of Houston; City of New York Commission on Human Rights; Georgia Hispanic Chamber of Commerce; Hogar Hispano/Catholic Charities of Arlington, Virginia; International Rescue Committee of San Diego, California; National Immigration Law Center (NILC) Illinois Department of Human Rights; Catholic Charities of St. Petersburg, Florida; and Legal Aid Services of Oregon.
About this section
This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.
In fiscal year 2003, the Office of Special Counsel (OSC) continued to conduct outreach activities, including providing grants to community-based and nonprofit organizations and government entities to educate employers, employees, immigrant service providers and the general public about employer and immigrant rights and responsibilities under the statute. OSC staff members made numerous educational presentations across the country, including presentations sponsored by the U.S. Equal Employment Opportunity Commission, OSC grantees and other nonprofit organizations. In addition to obtaining relief on behalf of individual victims of discrimination, OSC prosecuted pattern or practice discrimination cases. For example, OSC settled a complaint that it had filed before an administrative law judge against Swift & Company, a division of ConAgrea, Inc. OSC alleged that since 1990, Swift & Company's Worthington, Minnesota plant engaged in a pattern or practice of citizenship status discrimination and unfair documentary practices during the hiring process against U.S. citizens who looked or sounded "foreign" and against lawful work-authorized immigrants. Swift & Company agreed to pay $174,088 in civil penalties and $13,412 in back pay, provide employment discrimination training for its human resource personnel, and offer job interviews and positions to individual victims. OSC partnered with the Equal Employment Opportunity Commission to do outreach at its technical assistance program seminars for employers throughout the country. In addition, the OSC maintained its memoranda of understanding (MOUs) with state and local jurisdictions to promote the protection of the rights under the INA, and to better educate the immigrant community, the business community, and the general public about the rights and responsibilities of both employers and employees under the INA. At the end of FY 2003 there were 50 MOUs in place.
Criteria for selecting proposals...
The standards for making grant awards are published in the Federal Register (see Award Procedure). Included among them are: 1) sound program design and cost-effective strategies for educating the intended population, including evidence of in-depth knowledge of the goals and objectives of the project, and the applicant's qualifications to reach effectively the intended audience(s); 2) capability of the applicant to define the intended audience, reach it, and implement the public education and evaluation components of the campaign; 3) staff capability and previous experience in successfully carried out programs or work of a similar nature.
Length and Time Phasing of Assistance
12 months. Funds are released quarterly.
Formula and Matching Requirements
This program has no statutory formula or matching requirement.
A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.
Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.
In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.
Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.
Post assistance requirements...
Quarterly Financial and Categorical Assistance Project Reports are required.
This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.
In accordance with the provisions of OMB Circular No. A- 133, (Revised, June 24, 1997), ("Audits of States, Local Governments, and Non-Profit Organizations,") non-federal entities that expend financial assistance of $300,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-federal entities that expend less than $300,000 a year in Federal awards are exempt from Federal audit requirements for the year, except as noted in Circular No. A-133.
This section discusses audits required by the Federal agency.
The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133.
These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year,
as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period,
rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).
Any documents related to the items of expenses under the grant.
This section indicates the record retention requirements and the type of records the Federal agency may require.
Not included are the normally imposed requirements of the General Accounting Office.
For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C.
For other programs, record retention is governed by the funding agency's requirements.
Immigration and Nationality Act, 8 U.S.C. 1324(b).
This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).
Regulations, Guidelines, And Literature
8 U.S.C. 1324(b).