A new regulation published by the Justice Department on the enforcement of the anti-discrimination provisions of the Immigration and Nationality Act (INA) took effect Wednesday.
The anti-discrimination provision of the INA, section 274B, was enacted in 1986 as part of the Immigration Reform and Control Act and is intended to prohibit unfair immigration-related employment practices on the basis of citizenship status and national origin. Congress created the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) within the Justice Department to investigate violations and enforce discrimination prohibitions.
The new rule simplifies definitions of ambiguous statutory terms to provide greater clarity and eliminate obscurities; updates the procedures for filing, processing, investigating, and deciding INA-based discrimination claims; and renames the OSC and grants authority to the agency to act on its own behalf in some cases.
BAL Analysis: The new regulation will likely increase the risk that employers will be subject to immigration-related discrimination claims and give rise to increased liability. Those with questions about the changes or how to remain in compliance should contact their BAL attorney.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
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