8 USC 1324b - Unfair immigration-related employment practices

U.S Code last checked for updates: Nov 22, 2024

§ 1324b.

Unfair immigration-related employment practices

(a)

Prohibition of discrimination based on national origin or citizenship status

(1)

General rule

It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a(h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment—

(A)

because of such individual’s national origin, or

(B)

in the case of a protected individual (as defined in paragraph (3)), because of such individual’s citizenship status.

(2)

Exceptions

Paragraph (1) shall not apply to—

(A)

a person or other entity that employs three or fewer employees,

(B)

a person’s or entity’s discrimination because of an individual’s national origin if the discrimination with respect to that person or entity and that individual is covered under section 703 of the Civil Rights Act of 1964 [42 U.S.C. 2000e–2], or

(C)

discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract, or which the Attorney General determines to be essential for an employer to do business with an agency or department of the Federal, State, or local government.

(3)

“Protected individual” defined

As used in paragraph (1), the term “protected individual” means an individual who—

(A)

is a citizen or national of the United States, or

(B)

is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160(a) or 1255a(a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title; but does not include (i) an alien who fails to apply for naturalization within six months of the date the alien first becomes eligible (by virtue of period of lawful permanent residence) to apply for naturalization or, if later, within six months after November 6, 1986, and (ii) an alien who has applied on a timely basis, but has not been naturalized as a citizen within 2 years after the date of the application, unless the alien can establish that the alien is actively pursuing naturalization, except that time consumed in the Service’s processing the application shall not be counted toward the 2-year period.

(4)

Additional exception providing right to prefer equally qualified citizens

(5)

Prohibition of intimidation or retaliation

(6)

Treatment of certain documentary practices as employment practices

(b)

Charges of violations

(1)

In general

(2)

No overlap with EEOC complaints

(c)

Special Counsel

(1)

Appointment

(2)

Duties

(3)

Compensation

(4)

Regional offices

(d)

Investigation of charges

(1)

By Special Counsel

(2)

Private actions

(3)

Time limitations on complaints

(e)

Hearings

(1)

Notice

(2)

Judges hearing cases

(3)

Complainant as party

(f)

Testimony and authority of hearing officers

(1)

Testimony

(2)

Authority of administrative law judges

(g)

Determinations

(1)

Order

(2)

Orders finding violations

(A)

In general

(B)

Contents of order

Such an order also may require the person or entity—

(i)

to comply with the requirements of section 1324a(b) of this title with respect to individuals hired (or recruited or referred for employment for a fee) during a period of up to three years;

(ii)

to retain for the period referred to in clause (i) and only for purposes consistent with section 1324a(b)(5) of this title, the name and address of each individual who applies, in person or in writing, for hiring for an existing position, or for recruiting or referring for a fee, for employment in the United States;

(iii)

to hire individuals directly and adversely affected, with or without back pay;

(iv)

(I)

except as provided in subclauses (II) through (IV), to pay a civil penalty of not less than $250 and not more than $2,000 for each individual discriminated against,

(II)

except as provided in subclauses (III) and (IV), in the case of a person or entity previously subject to a single order under this paragraph, to pay a civil penalty of not less than $2,000 and not more than $5,000 for each individual discriminated against,

(III)

except as provided in subclause (IV), in the case of a person or entity previously subject to more than one order under this paragraph, to pay a civil penalty of not less than $3,000 and not more than $10,000 for each individual discriminated against, and

(IV)

in the case of an unfair immigration-related employment practice described in subsection (a)(6), to pay a civil penalty of not less than $100 and not more than $1,000 for each individual discriminated against;

(v)

to post notices to employees about their rights under this section and employers’ obligations under section 1324a of this title;

(vi)

to educate all personnel involved in hiring and complying with this section or section 1324a of this title about the requirements of this section or such section;

(vii)

to remove (in an appropriate case) a false performance review or false warning from an employee’s personnel file; and

(viii)

to lift (in an appropriate case) any restrictions on an employee’s assignments, work shifts, or movements.

(C)

Limitation on back pay remedy

(D)

Treatment of distinct entities

(3)

Orders not finding violations

(h)

Awarding of attorney’s fees

(i)

Review of final orders

(1)

In general

(2)

Further review

(j)

Court enforcement of administrative orders

(1)

In general

(2)

Court enforcement order

(3)

Enforcement decree in original review

(4)

Awarding of attorney’s fees

(k)

Termination dates

(1)

This section shall not apply to discrimination in hiring, recruiting, or referring, or discharging of individuals occurring after the date of any termination of the provisions of section 1324a of this title, under subsection (l) 2

 See References in Text note below.

of that section.

(2)

The provisions of this section shall terminate 30 calendar days after receipt of the last report required to be transmitted under section 1324a(j) ² of this title if—

(A)

the Comptroller General determines, and so reports in such report that—

(i)

no significant discrimination has resulted, against citizens or nationals of the United States or against any eligible workers seeking employment, from the implementation of section 1324a of this title, or

(ii)

such section has created an unreasonable burden on employers hiring such workers; and

(B)

there has been enacted, within such period of 30 calendar days, a joint resolution stating in substance that the Congress approves the findings of the Comptroller General contained in such report.

The provisions of subsections (m) and (n) ² of section 1324a of this title shall apply to any joint resolution under subparagraph (B) in the same manner as they apply to a joint resolution under subsection (l) ² of such section.

(l)

Dissemination of information concerning anti-discrimination provisions

(1)

Not later than 3 months after November 29, 1990, the Special Counsel, in cooperation with the chairman of the Equal Employment Opportunity Commission, the Secretary of Labor, and the Administrator of the Small Business Administration, shall conduct a campaign to disseminate information respecting the rights and remedies prescribed under this section and under title VII of the Civil Rights Act of 1964 [42 U.S.C. 2000e et seq.] in connection with unfair immigration-related employment practices. Such campaign shall be aimed at increasing the knowledge of employers, employees, and the general public concerning employer and employee rights, responsibilities, and remedies under this section and such title.

(2)

In order to carry out the campaign under this subsection, the Special Counsel—

(A)

may, to the extent deemed appropriate and subject to the availability of appropriations, contract with public and private organizations for outreach activities under the campaign, and

(B)

shall consult with the Secretary of Labor, the chairman of the Equal Employment Opportunity Commission, and the heads of such other agencies as may be appropriate.

(3)

There are authorized to be appropriated to carry out this subsection $10,000,000 for each fiscal year (beginning with fiscal year 1991).

(June 27, 1952, ch. 477, title II, ch. 8, § 274B, as added Pub. L. 99–603, title I, § 102(a), Nov. 6, 1986, 100 Stat. 3374; amended Pub. L. 100–525, § 2(b), Oct. 24, 1988, 102 Stat. 2610; Pub. L. 101–649, title V, §§ 531, 532(a), 533(a), 534(a), 535(a), 536(a), 537(a), 539(a), Nov. 29, 1990, 104 Stat. 5054–5056; Pub. L. 102–232, title III, § 306(b)(1), (3), (c)(1), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 103–416, title II, § 219(q), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–208, div. C, title IV, § 421(a), title VI, § 671(d)(1)(B), Sept. 30, 1996, 110 Stat. 3009–670, 3009–723.)

cite as: 8 USC 1324b