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: Office of Special Counsel for Immigration Related Unfair Employment Practices U.S. Department of Justice Post Office Box 27728 Washington, D.C. 20038-7728 The Office of Special Counsel has multilingual staff and attorneys ready to assist workers, employers, and the public on immigrant employment discrimination matters.

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.

Q. What are my rights and responsibilities?

A. The Immigration and Nationality Act (INA) prohibits employers with four or more employees when hiring, discharging,  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 is illegal: 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 equally. 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: Office of Special Counsel for Immigration-Related Unfair Employment Practices P.O. Box 27728 Washington, DC 20038-7728 For more information, call the OSC Employer Hotline at 1-800-255-8155 (toll free) or 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.business.gov/cgi-bin/outsideurl.cgi?url=http://www.eeoc.gov.

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, or 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, daycare 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), or unexpired employment authorization document issued by the INS (other than those listed under List A).

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