Contents
Cal Poly Pomona

Immigration and Nationality

TITLE 8. ALIENS AND NATIONALITY
CHAPTER 12. IMMIGRATION AND NATIONALITY
8 USCS § 1324b (2005)

[BACK]

§ 1324b. Unfair immigration-related employment practices

  1. Prohibition of discrimination based on national origin or citizenship status.

    (1) General rule. It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 274A(h)(3) [8 USCS § 1324a(h)(3)]) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment-
        (A) because of such individual's national origin, or
        (B) in the case of a protected individual (as defined in paragraph (3)), because of such individual's citizenship status.

    (2) Exceptions. Paragraph (1) shall not apply to--
        (A) a person or other entity that employs three or fewer employees,
        (B) a person's or entity's discrimination because of an individual's national origin if the discrimination with respect to that person or entity and that individual is covered under section 703 of the Civil Rights Act of 1964 [42 USCS § 2000e-2], or
        (C) discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract, or which the Attorney General determines to be essential for an employer to do business with an agency or department of the Federal, State, or local government.

    (3) Definition of protected individual. As used in paragraph (1), the term "protected individual" means an individual who--
        ((A) is a citizen or national of the United States, or
        ((B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 210(a) or 245A(a)(1) [8 USCS § 1160(a) or 1255a(a)(1)], is admitted as a refugee under section 207 [8 USCS § 1157], or is granted asylum under section 208 [8 USCS § 1158]; but does not include (i) an alien who fails to apply for naturalization within six months of the date the alien first becomes eligible (by virtue of period of lawful permanent residence) to apply for naturalization or, if later, within six months after the date of the enactment of this section and (ii) an alien who has applied on a timely basis, but has not been naturalized as a citizen within 2 years after the date of the application, unless the alien can establish that the alien is actively pursuing naturalization, except that time consumed in the Service's processing the application shall not be counted toward the 2-year period.

    (4) Additional exception providing right to prefer equally qualified citizens. Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.

    (5) Prohibition of intimidation or retaliation. It is also an unfair immigration-related employment practice for a person or other entity to intimidate, threaten, coerce, or retaliate against any individual for the purpose of interfering with any right or privilege secured under this section or because the individual intends to file or has filed a charge or a complaint, testified, assisted, or participated in an manner in an investigation, proceeding, or hearing under section. An individual so intimidated, threatened, coerced, or retaliated against shall be considered, for purposes of subsections (d) and (g), to have been discriminated against.
    (6) Treatment of certain documentary practices as employment practices. A person's or other entity's request, for purposes of satisfying the requirements of section 274A(b) [8 USCS § 1324a(b)], for more or different documents than are required under such section or refusing to honor documents tendered that on their face reasonably appear to be genuine shall be treated as an unfair immigration-related employment practice if made for the purpose or with the intent of discriminating against an individual in violation of paragraph (1).

  2. Charges of violations.

    (1) In general. Except as provided in paragraph (2), any person alleging that the person is adversely affected directly by an unfair immigration-related employment practice (or a person on that person's behalf) or an officer of the Service alleging that an unfair immigration-related employment practice has occurred or is occurring may file a charge respecting such practice or violation with the Special Counsel (appointed under subsection (c)). Charges shall be in writing under oath or affirmation and shall contain such information as the Attorney General requires. The Special Counsel by certified mail shall serve a notice of the charge (including the date, place, and circumstances of the alleged unfair immigration-related employment practice) on the person or entity involved within 10 days.

    (2) No overlap with EEOC complaints. No charge may be filed respecting an unfair immigration-related employment practice described in subsection (a)(1)(A) if a charge with respect to that practice based on the same set of facts has been filed with the Equal Employment Opportunity Commission under title VII of the Civil Rights Act of 1964 [42 USCS §§ 2000e et seq.], unless the charge is dismissed as being outside the scope of such title [42 USCS §§ 2000e et seq.]. No charge respecting an employment practice may be filed with the Equal Employment Opportunity Commission under such title [42 USCS §§ 2000e et seq.] if a charge with respect to such practice based on the same set of facts has been filed under this subsection, unless the charge is dismissed under this section as being outside the scope of this section…
  1. Dissemination of information concerning anti-discrimination provisions.

    (1) Not later than 3 months after the date of the enactment of this subsection [enacted Nov. 29, 1990], the Special Counsel, in cooperation with the chairman of the Equal Employment Opportunity Commission, the Secretary of Labor, and the Administrator of the Small Business Administration, shall conduct a campaign to disseminate information respecting the rights and remedies prescribed under this section and under title VII of the Civil Rights Act of 1964 [42 USCS §§ 2000e et seq.] in connection with unfair immigration-related employment practices. Such campaign shall be aimed at increasing the knowledge of employers, employees, and the general public concerning employer and employee rights, responsibilities, and remedies under this section and such title [42 USCS §§ 2000e et seq.]…

HISTORY:
(June 27, 1952, ch 477, Title II, Ch 8, § 274B, as added Nov. 6, 1986, P.L. 99-603, Title I, Part A, § 102(a), 100 Stat. 3374; Oct. 24, 1988, P.L. 100-525,…