What is the EEOC’s role regarding immigration-related discrimination?

The Equal Employment Opportunity Commission and the Department of Justice's Office of Special Council (OSC) have intersecting enforcement interests regarding immigration-related employment discrimination. The EEOC monitors national origin discrimination under Title VII of the 1964 Civil Rights Act. The OSC enforces provisions of the Immigration and Nationality Act that prohibit employment discrimination on the bases of national origin, citizenship status, unfair document practices, and retaliation.

Under a memorandum of understanding, the EEOC and the OSC have designated each other to act as their respective agents for the sole purpose of receiving discrimination charges within the statutory time limits.

Referral by EEOC

EEOC staff will refer national origin charges to the Special Counsel when:

• the charge alleges discrimination with respect to hiring, discharge, or recruitment or referral for a fee,

• the charge is outside of the jurisdiction of the EEOC, and

• the employer may have at least four employees (full-time or part-time).

Citizenship discrimination charges will be referred to the OSC when:

• the charge alleges discrimination with respect to hiring, discharge, or recruitment or referral for a fee, and

• the employer may have at least four employees (full-time or part-time).

Charges of document abuse will be referred to the OSC when:

• there are allegations that an employer requested an individual to supply more or different documents than required to complete the Form I-9, documentation was rejected, or a specific document was required, and

• the employer may have at least four employees (full-time or part-time).

Charges of intimidation or retaliation will be referred to the OSC when:

• there are allegations of intimidation, threats, coercion, or retaliation against an individual for the purpose of interfering with rights secured by section 274B of the INA, or because the individual intends to or has filed a charge or complaint, testified, assisted or participated in an investigation, proceeding or hearing under section 274B of the INA, and

• the employer may have at least four employees (full-time or part-time).

Referral by OSC

OSC staff will refer national origin charges to the EEOC when:

• the alleged discrimination is outside of the jurisdiction of the OSC or doesn't state a claim under 8 USC 1324b, and

• the charge alleges discrimination with respect to hiring, discharge, compensation, terms, conditions, or privileges of employment.

Additionally, OSC will refer charges of citizenship discrimination or document abuse when the above conditions are met and the alleged discriminatory practice has the purpose or effect of discrimination on the basis of national origin.

Retaliation charges will be referred to the EEOC when a charge alleges retaliation because an individual has opposed an employment practice that the individual believed violated Title VII or because the individual has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under Title VII.