Education and Enforcement of the Antidiscrimination Provision of the Immigration and Nationality Act (16.110)

 

Program

16.110 Education and Enforcement of the Antidiscrimination Provision of the Immigration and Nationality Act

 

Federal Agency

OFFICE OF SPECIAL COUNSEL FOR IMMIGRATION RELATED UNFAIR EMPLOYMENT PRACTICES, CIVIL RIGHTS DIVISION, DEPARTMENT OF JUSTICE

 

Authorization

Immigration and Nationality Act, 8 U.S.C. 1324(b).

 

Program Number

16.110

 

Last Known Status

Active

 

Objectives

To educate employers and workers about their rights and responsibilities under the Immigration and Nationality Act in order to prevent employment discrimination based on citizenship status or national origin.

 

Types of Assistance

Project Grants; Provision of Specialized Services; Investigation of Complaints.

 

Uses and Use Restrictions

The anti-discrimination provisions of the INA prohibit employment discrimination on the basis of national origin and citizenship status against U.S. citizens and other legally authorized workers. The Office of Special Counsel for Immigration- Related Unfair Employment Practices (OSC) was established to ensure that these individuals are not discriminated against with respect to hiring, firing or recruiting or referral for a fee based on their citizenship status or national origin. INA's prohibition against citizenship status discrimination covers: (1) U.S. citizens and nationals; (2) legal permanent residents; (3) temporary residents under IRCA's legalization program, Special Agricultural Worker program (SAW) or Replenishment Agricultural Worker program (RAW); (4) refugees and (5) asylees. INA also makes it illegal for employers with four to 14 employees to discriminate, with respect to hiring, firing, recruitment or referral for a fee, against any individual on the basis of his or her national origin. Employers with 15 or more employees are covered under Title VII of the Civil Rights Act of 1964. Please note that for national origin charges, OSC has jurisdiction over employers with between four and 14 employees. National origin charges against employers with 15 or more employees come under the jurisdiction of the Equal Employment Opportunity Commission (EEOC), which enforces Title VII of the Civil Rights Act of 1964. There may be exceptions to this general rule, so charges incorrectly filed with OSC are automatically referred to the EEOC and vice versa. All charges of citizenship status discrimination against employers with four or more employees should be filed with OSC. In addition, under the document abuse provision of the law, employers must accept all forms of work authorization and proof of identity allowed by the Immigration and Naturalization Service (INS) for completion of the Employment Eligibility Verification (I-9) Form and that on their face appear genuine. Employers may not prefer or require one form of documentation over another for hiring purposes. Employers may not, with the intent to discriminate, require more or different documents than required. The goal of the grant program is to educate workers and employers about the anti-discrimination provisions outlined above in order to reduce the incidents of employment discrimination through nonprofit, private groups and state and local governments and, if applicable, their sub-grantees.

 

Eligibility Requirements

Applicant Eligibility

The OSC welcomes proposals from diverse nonprofit organizations such as local, regional, or national ethnic and immigrants rights advocacy organizations, labor organizations, trade associations, industry groups, professional organizations, or other nonprofit entities, including state and local government agencies, providing information services to potential victims of discrimination and/or employers.

Beneficiary Eligibility

The educational efforts under the grant should be directed to (1) work-authorized non-citizens who are protected individuals (since this group is especially vulnerable to employment discrimination); (2) those citizens who are most likely to become victims of employment discrimination; and/or (3) employers, especially small businesses.

Credentials/Documentation

Not applicable.

 

Application and Award Process

Preapplication Coordination

None. This program is excluded from coverage under E.O. 12372.

Application Procedure

The applicant must submit the following forms: Application for Federal Assistance (SF 424); Certification Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters, and Drug-Free Workplace Requirements (DOJ/OJP Form 4061/6); Disclosure Form to Report Lobbying (SF LLL), and Assurances (DOJ/OJP Form 4000/3). In addition, the application package must include an abstract, a program narrative, a proposed budget, and resumes of professional staff proposed in the budget.

Award Procedure

Federal officials will review and rate grant applications according to standards published in the Federal Register announcement of availability of funds. Final award decisions are made by the Special Counsel for Immigration-Related Unfair Employment Practices.

Deadlines

Contact the Office of Special Counsel listed below.

 

Range of Approval/Disapproval Time

Appeals

None.

Renewals

Not applicable.

 

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula or matching requirement.

Length and Time Phasing of Assistance

12 months. Funds are released quarterly.

 

Post Assistance Requirements

Reports

Quarterly Financial and Categorical Assistance Project Reports are required.

Audits

In accordance with the provisions of OMB Circular No. A- 133, (Revised, June 24, 1997), ("Audits of States, Local Governments, and Non-Profit Organizations,") nonfederal entities that expend financial assistance of $300,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $300,000 a year in Federal awards are exempt from Federal audit requirements for the year, except as noted in Circular No. A-133.

Records

Any documents related to the items of expenses under the grant.

 

Program Accomplishments

In fiscal year 2002, the Office of Special Counsel (OSC) continued to conduct outreach activities, including providing grants to community-based and nonprofit organizations and government entities to educate employers, employees, immigrant service providers and the general public about employer and immigrant rights and responsibilities under the statute. OSC also sends its staff members to make numerous educational presentations across the country, including presentations sponsored by the U.S. Equal Employment Opportunity Commission, OSC grantees and other nonprofit organizations, state fair employment agencies and bar associations. In addition to obtaining relief on behalf of individual victims of discrimination, OSC has taken an aggressive stance in prosecuting pattern or practice discrimination cases throughout the country. For example, in United States v. Swift & Company, OSC found a pattern or practice of citizenship status discrimination and unfair documentary practices during the hiring and reverification process. This case involved potentially thousands of victims, and many thousand pages of documents. OSC is also involved in various immigrant civil rights issues that are closely tied to OSC's mission. For example, OSC has played a substantial role on projects related to the Civil Rights Division's Worker Exploitation and Human Trafficking Task Force and National Origin Working Group. Other policy work includes inter-agency projects with the former Immigration and Naturalization Service, the Social Security Administration, and the Department of Health and Human Services. OSC's policy work requires OSC staff to monitor implementation of various immigration initiatives conduct training; work with other government agencies to make assistance and relief is available to victims of unfair treatment; and, to monitor and evaluate compliance with immigrant civil rights.

 

Financial Information

Account Identification

15-0128-0-1-752.

Obligations

(Grants) FY 02 $701,000; FY 03 est $700,000; and FY 04 est $700,000. (Salaries and Expenses) FY 02 $6,773,000; FY 03 est $6,827,000; and FY 04 est $7,172,000.

Range and Average of Financial Assistance

$40,000 to $100,000.

 

Regulations, Guidelines and Literature

8 U.S.C. 1324(b).

 

Related Programs

None.

 

Information Contacts

Regional or Local Office

None.

Headquarters Office

Department of Justice, Civil Rights Division, Office of Special Counsel for Immigration-Related Unfair Employment Practices, Washington, DC 20530. Telephone: (voice) (202) 616-5594, (TDD) (202) 616-5525; toll-free: (voice) 1-800-255-7688, (TDD) 1-800- 237-2515.

Web Site Address

http://www.usdoj.gov/crt/osc/index.html

 

Examples of Funded Projects

Asian Pacific American Legal Resource Center, Catholic Charities of Dallas, Catholic Charities of Galveston/Houston, City of New York Commission on Human Rights, City of Seattle Office for Civil Rights, Coalition of Florida Farmworker Organizations, Employers Association of New Jersey, Georgia Hispanic Chamber of Commerce, Hogar Hispano/Catholic Charities of Arlington, Virginia, International Rescue Committee of San Diego, California, Legal Services of Eastern Michigan, Lutheran Social Services of Minnesota, National Immigration Law Center (NILC) of Los Angeles, North Carolina Justice and Community Development Center, and University of Nevada Small Business Development Center.

 

Criteria for Selecting Proposals

In addition to the standards published in the Federal Register (see Award Procedure), geographic location and demonstrated ability to reach potential victims of discrimination and/or employers are considered.