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Antidiscrimination Guidance for Employers Under Safe-Harbor Procedures

Complementing today's publication of the "no-match" regulation by the Department of Homeland Security, the Civil Rights Division Office of Special Counsel within the Department of Justice published its own (much shorter) rule regarding its role in employment verification. As this rule notes, the OSC enforces the antidiscrimination provisions found at 8 U.S.C. 1324b (corresponding regulations appear in 28 CFR Parts 44, 68). Section 1324b protects United States citizens and certain work-authorized persons from intentional employment discrimination based upon citizenship or immigration status, national origin, and unfair documentary practices relating to the employment eligibility verification process. The law further prohibits retaliation against individuals who file charges with OSC, who cooperate with an investigation, or who otherwise assert their rights under section 1324b.

As the rule notes, employers and employees who desire additional guidance regarding their specific circumstances are encouraged to further explore OSC’s Web site. Employer and employees also may call OSC for guidance. Employers may call 1–800–255–8155, or 1–800–237–2515 for the hearing impaired. The numbers for employees are 1–800–255–7688 or (202) 616–5525, and 1–800–237–2515 for the hearing impaired. OSC has a public education program to inform employers and employees regarding their rights and duties under section 1324b. Speakers may be available nationwide for groups of 50 or more attendees for public affairs events, conferences, class seminars, and workshops. To request a speaker, please call OSC’s Public Affairs staff at (202) 616–5594 or fax your request to (202) 616–5509.

Source: The Federal Register | Full Article | Date posted: 10/28/2008