OSC Provides Citizenship/Immigration Status and National Origin Discrimination Examples

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) just revised its Fact Patterns Flyer to guide employers through examples of recent prosecutions under the anti-discrimination provisions of the Immigration and Nationality Act. Never heard of the OSC? It is a tiny enforcement agency within the U.S. Department of Justice, Civil Rights Division. The OSC shares jurisdiction in these matters with the better-known EEOC. Here are some situations where OSC found violations:

Discrimination in the Hiring and Firing Process:

  • Employer published numerous job ads that solicited job applications exclusively from U.S. citizens, even though there was no legal requirement that U.S. citizens fill the advertised positions. Employer paid $100,000 in civil penalties.
  • Employer terminated several employees for misrepresenting their authorization to work when hired, without determining whether any other workers had provided other types of false information in connection with their employment applications. The terminated employees had legalized their status and corrected their information with the employer years prior to their terminations. Employer required to reinstate employees and pay $13,167 in back-pay.

Discrimination in the Form I-9 Process:

  • Employer required lawful permanent residents who presented green cards when initially hired to present renewed green cards when the cards originally produced expired, even though the employment authorization of lawful permanent residents does not expire. Employer paid $175,000 in civil penalties and was required to create a $100,000 back pay fund for affected employees.

Discrimination in the E-Verify Process:

  • Employer interfered with an employee’s ability to resolve an E-Verify tentative non-confirmation by withholding the E-Verify paperwork from the worker because he was a non-U.S. citizen, leading to an erroneous final non-confirmation and employee’s consequent termination. Employer required to reinstate employee and to pay $6,800 in back pay and $2,000 in civil penalties.

Click here to read more about the OSC’s expectations for employers and to view the complete flyer. Contact our Immigration Services Unit with your immigration questions at 800.884.1328 or immigration@msec.org.