U.S. Department of Justice Civil
Rights Division
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Since the September 11 terrorist attacks against the
United States, the Civil Rights Division of the U.S. Department
of Justice has received a substantial number of reports of discrimination,
threats and violence against persons of Arab, Middle Eastern or
South Asian descent, including Sikhs and Muslims. In the workplace,
individuals may face discriminatory hiring practices or terminations
because of their national origin or citizenship status. Such acts
violate federal law and undermine our nation's founding principles
of equality and freedom. The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice, will investigate and prosecute charges of discrimination involving unfair hiring or firing practices against persons perceived to be of Middle Eastern descent. Attached to this notice is a brief description of OSC, the laws it enforces, remedies, charge filing procedures and contact information. To Report Unlawful Discrimination, Please Call the
OSC Worker Hotline: 1-800-255-7688 TDD for the Hearing-Impaired:
1-800-237-2515, or
The Office of the Special Counsel for Immigration Related Unfair Employment Practices (OSC) is part of the Civil Rights Division, U.S. Department of Justice. OSC protects work-authorized individuals, including both immigrants and U.S. citizens, from employment discrimination based on national origin and citizenship or immigration status. The Office also addresses policy matters that affect immigrants' civil rights. OSC is not part of the Immigration and Naturalization Service. What Type of Employer Conduct does OSC Address? OSC investigates four kinds of unfair employer practices: citizenship status and national origin discrimination with respect to hiring, firing, or referral or recruiting for a fee, unfair employment verification procedures (or document abuse) and retaliation. Please note that OSC's citizenship status jurisdiction covers all employers of more than three employees. OSC's national origin jurisdiction covers small employers only (with more than three but fewer than 15 employees). If we receive a national origin charge against a larger employer, we will refer it to the Equal Employment Opportunity Commission (EEOC) and/or appropriate state human rights commission. What is Citizenship Status Discrimination? Citizenship status discrimination occurs when individuals are not hired or are fired because of their real or perceived immigration or citizenship status, or because of their type of work authorization. U.S. citizens, refugees, asylees, many permanent residents and certain temporary residents are protected from citizenship status discrimination. U.S. citizen-only hiring policies are generally unlawful. Employers may not refuse to hire refugees or asylees because their work authorization documents have expiration dates.
What is National Origin Discrimination? National origin discrimination occurs when an employer treats an employee or applicant differently during the hiring or firing process because of his or her place of birth, country of origin, ancestry, native language, accent or because the individual is perceived as looking or sounding foreign. National origin discrimination claims involving the terms and conditions of employment are within the jurisdiction of the Equal Employment Opportunity Commission.
What is Document Abuse? Employers commit document abuse when they subject certain employees or applicants to more stringent verification measures during the INS Form I-9 process than necessary to verify that they are eligible to work in the United States. This can occur when an employer rejects a worker's valid documents, or requests additional documentation beyond what is legally required.
What is Retaliation? By law, an employer is prohibited from intimidating or retaliating against any employee who has complained to the government or to the employer about discrimination. OSC reminds employers of this prohibition when it opens an investigation of a company. How Can You Help? If you know a victim of employment discrimination, please call OSC's toll-free Worker Hotline: 1-800-255-7688. In the Washington, D.C. area, call: 202-616-5594. Charges must be filed within six months of the discriminatory act. OSC has access to translation services in 116 languages, including Arabic, Urdu, Hindi, Farsi and several other languages spoken by individuals from the Middle East and South Asia. You also can find out more about our office and can print out our charge forms from our web page: WWW.USDOJ.GOV/CRT/OSC What Will OSC Do When It Receives a Discrimination Charge? We will begin an investigation of all valid charges within ten days, and contact the employer and relevant witnesses for information. We complete all investigations within 210 days, and often reach settlements with employers before the 210-day period has concluded. If settlement is unsuccessful, we will file a complaint against the company. What Remedies are Available? Victims of discrimination can recover back pay, job offers and reinstatement. OSC settlements require employers to cease discriminatory practices, pay civil penalties, undergo monitoring and receive antidiscrimination training. OSC has received more than 6,000 complaints, recovered more than $2.4 million in back pay and $2.1 million in civil penalties. Contact information: U.S. Department of Justice
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