CR (202) 616-2777WWW.USDOJ.GOV
TDD (202) 514-1888
FINES FOR EMPLOYMENT DISCRIMINATION INCREASE
WASHINGTON, D.C.-- Employers who discriminate against individuals authorized to work in the country will now be subject to higher penalties under a new interim rule that went into effect on March 15.
The interim rule, published in the Federal Register by the Justice Department's Executive Office for Immigration Review, increases penalties to a range between $275 to $11,000 per incident of immigration-related employment discrimination occurring after March 15. This increase matches a similar increase in penalties against employers who knowingly hire unauthorized workers.
The rule will allow the stiffer penalties to be sought by the Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), which is a part of the Justice Department's Civil Rights Division.
OSC protects individuals who are authorized to work in the United States against national origin and citizenship status discrimination, as well as against unfair employment verification or documentary practices. Since its inception in 1987, OSC has recovered more than $1.8 million in back pay for protected workers and $1.2 million in civil fines.
"It is important that employers are informed about fair hiring practices and employment discrimination," said Special Counsel John Trasviña. "Most employers know they must check the work authorization of all new employees. Unfortunately, other employers discriminate against individuals who look or sound 'foreign,' because they think the individual may not be eligible to work in this country. Don't make hiring decisions based on appearance, name or accent," Trasviña advised.
The law requires that when employers conduct employment verification through the INS Form I-9 for all new hires, they must accept documentation that appears to be reasonably genuine, relates to the individual, and is listed on the back of the I-9 form as acceptable. The law prohibits employers from requesting specific documents or demanding to see documents issued by the Immigration and Naturalization Service (INS).
Employers with questions regarding the employment verification process may call OSC's toll-free automated hotline at 1-800-255-8155. Workers may call, toll-free, 1-800-255-7688. Assistance is available in all languages. Or write to:
Office of Special Counsel for Immigration Related
Unfair Employment Practices
P.O. Box 27728
Washington, D.C. 20038-7728
www.usdoj.gov/crt/osc
E-mail address: osc.crt@usdoj.gov
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