Office of Special Counsel: Immigration-Related Unfair Employment Practices Resources
The following is taken from the US Department of Justice Web site.
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) protects workers from employment discrimination based on citizenship status, national origin and overdocumentation in the employment eligibility verification process.
In addition, OSC conducts an outreach and education program aimed at educating employers, potential victims of discrimination and the general public about their rights and responsibilities under the antidiscrimination provisions of the Immigration and Nationality Act (INA). Get an overview of the OSC here.
Types of Discrimination
- Citizenship Status Discrimination: When individuals are rejected for employment or fired because they are or are not US citizens or because of their immigration status or type of work authorization. US citizens, permanent residents, temporary residents, asylees and refugees are protected from citizenship-status discrimination.
- National Origin Discrimination: When individuals are rejected for employment or fired based on their place of birth, country of origin, ancestry, native language, accent, or because they are perceived as looking or sounding "foreign." All work authorized individuals are protected from national origin discrimination. OSC has this jurisdiction over smaller employers, not covered by the EEOC.
- Document Abuse Discrimination: When employers request more or different documents than are required to verify employment eligibility and identity, reject reasonably genuine-looking documents or specify certain documents over others. All work-authorized individuals are protected from document abuse.
Get Answers to Frequently Asked Questions
- What is the OSC?
- What is the Immigration and Nationality Act (INA)?
- What documents may employees show employers to establish identity and employment eligibility?
- How can employers get up-to-date and accurate information?
- What are the 10 steps to take to avoid immigration-related employment discrimination?