The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act. Under this law, employers discriminate when they treat workers differently in the hiring and firing process because a worker is or is not a U.S. citizen, because of a worker’s particular immigration status, or because of where a worker is from or appears to be from. Additionally, employers may not treat workers differently for these reasons when completing the Form I-9 and E-Verify process.
In an effort to aid employers in complying with the Immigration and Nationality Act’s anti-discrimination provision, OSC recently released an update to its “Fact Patterns Flyer” and provided guidance to employers concerning various forms of discrimination. The Flyer is based on examples from OSC’s recent enforcement of the Immigration and Nationality Act’s anti-discrimination provision.