Employers, supervisors and employees must be especially vigilant to guard against unfair treatment of persons perceived to be of Middle Eastern descent. The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice, is available to answer your questions about citizenship status and national origin employment discrimination. For information on lawful hiring and firing procedures, employers may call the OSC automated hotline or speak directly to OSC staff regarding specific questions. Attached is a brief description of OSC, the laws it enforces and contact information.

To Speak to an OSC Staff Member, please call: 1-800-255-7688, or OSC's Automated Employer Hotline: 1-800-255-8155 TDD for the Hearing-Impaired: 1-800-237-2515, or 202-616-5594.

What is the Office of Special Counsel for Immigration Related Unfair Employment Practices?

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 Types of Discrimination does OSC Address?

OSC investigates four kinds of unfair employment 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 less 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 has an expiration date.

What is National Origin Discrimination?

National origin discrimination occurs when an employer treats an employee or applicant differently during the hiring and 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?

Document abuse occurs when certain employees or applicants are subject to more stringent verification measures (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 the employer about discrimination. OSC reminds employers of this prohibition when it opens an investigation of a company.

What Do You Need to Know to Avoid Employment Discrimination?

• Treat all people the same when announcing a job, taking applications, offering a job, verifying employment eligibility, hiring and firing. Do not base your decisions on a person's appearance, name, accent or manner of dress (for example refusing to hire someone who wears a head scarf or turban).

• Allow new hires, both citizens and non-citizens, the opportunity to present their choice of documents to complete the INS Employment Eligibility Verification Form I-9. Acceptable documents are listed on the back of the Form I-9.

• Do not request new hires to present documents beyond what is required to complete the Form I-9. Do not ask non-citizens to show any specific document, including green cards or employment authorization documents. All job applicants can present any combination of acceptable documents.

• Call OSC if you have questions about the I-9 process or documentation presented to complete the Form I-9.

• Avoid "citizen only" or "green card only" hiring policies. Unless required by federal, state or local law or by government contract, such policies are illegal.

How Can OSC Help You?

OSC is available to provide information to employers. Call OSC's toll-free Automated Employer Hotline: 1-800-255-8155. To speak to an OSC staff member, call 1-800-255-7688. In the Washington, D.C. area call: 202-616-5594.

OSC has access to translation services in 116 languages, including Arabic, Urdu, Hindi, Farsi and other languages spoken by individuals from the Middle East and South Asia.

You also can find out more about our office on our web page: WWW.USDOJ.GOV/CRT/OSC

Contact information:

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

Toll-Free Automated Employer Hotline: 1-800-255-8155
OSC Toll-Free Number: 1-800-255-7688
TDD for the Hearing Impaired: 1-800-237-2515
Website: WWW.USDOJ.GOV/CRT/OSC