From: Staffing
Antidiscrimination Enforcement
Employers are prohibited from discriminating when hiring or promoting on the basis of national origin or citizenship status. If an investigation reveals that an employer has engaged in unfair immigration-related employment practices under the Immigration and Nationality Act (INA), the Office of Special Counsel for Immigration-Related Unfair Employment Practices may take action. An employer will be ordered to stop the prohibited practice and may be ordered to take one or more corrective steps, including:
- Hire or reinstate, with or without backpay, individuals directly injured by the discrimination.
- Post notices to employees about their rights and about employers’ obligations.
- Educate all personnel involved in hiring and in complying with the employer sanctions and antidiscrimination laws about the requirements of these laws.
The court may award attorney’s fees to prevailing parties, other than the United States, if it determines that the losing parties’ argument is without foundation in law and fact. Employers who commit citizenship status or national origin discrimination in violation of the antidiscrimination provisions of the INA may also be ordered to pay a civil penalty as follows:
- First Offense: Between $375 and $3,200 for each individual discriminated against.
- Second Offense: Between $3,200 and $6,500 for each individual discriminated against.
- Subsequent Offenses: Between $4,300 and $16,000 for each individual discriminated against.
Employers who commit document abuse in violation of the antidiscrimination provisions of the INA may similarly be ordered to pay between $110 and $1,100 for each individual discriminated against.
If an employer is found to have committed national origin discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), the employer may be ordered to stop the prohibited practice and to take one or more corrective steps, including:
- Hire, reinstate, or promote with backpay and retroactive seniority.
- Post notices to employees about their rights and about the employer’s obligations.
- Remove incorrect information, such as a false warning, from an employee’s personnel file.
Under Title VII, compensatory damages may also be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. Punitive damages may be available if the employer acted with malice or reckless indifference. The employer may also be required to pay attorneys’ fees, expert witness fees, and court costs.
