S.744 Immigration bill - Sec. 3105: IMPROVED PROHIBITION ON DISCRIMINATION BASED ON NATIONAL ORIGIN OR CITIZENSHIP STATUS
Posted Wed, Apr 17, 2013 at 4:57 pm
- (a) In General- Section 274B(a) (8 U.S.C. 1324b) is amended to read as follows:
- `(a) Prohibition on Discrimination Based on National Origin or Citizenship Status-
- `(1) PROHIBITION ON DISCRIMINATION GENERALLY- It is an
unfair immigration-related employment practice for a person, other
entity, or employment agency, to discriminate against any individual
(other than an unauthorized alien defined in section 274A(b)) because of
such individual's national origin or citizenship status, with respect
to the following:
- `(A) The hiring of the individual for employment.
- `(B) The verification of the individual's eligibility to work in the United States.
- `(C) The discharging of the individual from employment.
- `(2) EXCEPTIONS- Paragraph (1) shall not apply to the following:
- `(A) A person, other entity, or employer that employs 5 or fewer employees, except for an employment agency.
- `(B) A person's or entity's discrimination because
of an individual's national origin if the discrimination with respect to
that employer, person, or entity and that individual is covered under
section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2), unless
the discrimination is related to an individual's verification of
employment authorization.
- `(C) Discrimination because of citizenship status which--
- `(i) is otherwise required in order to comply with a provision of Federal, State, or local law related to law enforcement;
- `(ii) is required by Federal Government contract; or
- `(iii) the Secretary or Attorney General
determines to be essential for an employer to do business with an agency
or department of the Federal Government or a State, local, or tribal
government.
- `(3) 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
an employer (as defined in section 274A(b)) 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 2 individuals are
equally qualified.
- `(4) UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES
RELATING TO THE SYSTEM- It is also an unfair immigration-related
employment practice for a person, other entity, or employment agency--
- `(A) to discharge or constructively discharge an
individual solely due to a further action notice issued by the
Employment Verification System created by section 274A until the
administrative appeal described in section 274A(d)(6) is completed;
- `(B) to use the System with regard to any person for any purpose except as authorized by section 274A(d);
- `(C) to use the System to reverify the employment
authorization of a current employee, including an employee continuing in
employment, other than reverification in a situation authorized by
regulation on the date of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act, reverification upon
expiration of employment authorization, or as otherwise authorized under
section 274A(d) or by regulation;
- `(D) to use the System selectively for employees, except where authorized by law;
- `(E) to fail to provide to an individual any notice required in section 274A(d) within the relevant time period;
- `(F) to use the System to deny workers' employment or post-employment benefits;
- `(G) to misuse the System to discriminate based on national origin or citizenship status;
- `(H) to require an employee or prospective employee
to use any self-verification feature of the System or provide, as a
condition of application or employment, any self-verification results;
- `(I) to use an immigration status verification
system, service, or method other than those described in section 274A
for purposes of verifying employment eligibility; or
- `(J) to grant access to document verification or
System data, to any individual or entity other than personnel authorized
to have such access, or to fail to take reasonable safeguards to
protect against unauthorized loss, use, alteration, or destruction of
System data.
- `(5) PROHIBITION OF INTIMIDATION OR RETALIATION- It is
also an unfair immigration-related employment practice for a person,
other entity, or employment agency to intimidate, threaten, coerce, or
retaliate against any individual--
- `(A) for the purpose of interfering with any right or privilege secured under this section; or
- `(B) because the individual intends to file or has
filed a charge or a complaint, testified, assisted, or participated in
any manner in an investigation, proceeding, or hearing under this
section.
- `(6) TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS
EMPLOYMENT PRACTICES- A person's, other entity's, or employment agency's
request, for purposes of verifying employment eligibility, for more or
different documents than are required under section 274A, or for
specific documents, or refusing to honor documents tendered that
reasonably appear to be genuine shall be treated as an unfair
immigration-related employment practice.
- `(7) EMPLOYMENT AGENCY DEFINED- In this section, the
term `employment agency' means any employer, person, or entity regularly
undertaking with or without compensation to procure employees for an
employer or to procure for employees opportunities to work for an
employer and includes an agent of such employer, person, or entity.'.
- (b) Referral by EEOC- Section 274B(b) (8 U.S.C. 1324b(b)) is amended by adding at the end the following:
- `(3) REFERRAL BY EEOC- The Equal Employment Opportunity
Commission shall refer all matters alleging immigration-related unfair
employment practices filed with the Commission, including those alleging
violations of paragraphs (1), (4), (5), and (6) of subsection (a) to
the Special Counsel for Immigration-Related Unfair Employment Practices
of the Department of Justice.';
- (c) Authorization of Appropriations- Section 274B(l)(3) (8
U.S.C. 1324b(l)(3)), is amended by striking the period at the end and
inserting `and an additional $40,000,000 for each of fiscal years 2014
through 2016.'.
- (d) Fines-
- (1) IN GENERAL- Section 274B(g)(2)(B) (8 U.S.C.
1324b(g)(2)(B)) is amended by striking clause (vi) and inserting the
following:
- `(iv) to pay any applicable civil penalties
prescribed below, the amounts of which may be adjusted periodically to
account for inflation as provided by law--
- `(I) except as provided in subclauses (II)
through (IV), to pay a civil penalty of not less than $2,000 and not
more than $5,000 for each individual subjected to an unfair
immigration-related employment practice;
- `(II) except as provided in subclauses
(III) and (IV), in the case of an employer, person, or entity previously
subject to a single order under this paragraph, to pay a civil penalty
of not less than $4,000 and not more than $10,000 for each individual
subjected to an unfair immigration-related employment practice;
- `(III) except as provided in subclause
(IV), in the case of an employer, person, or entity previously subject
to more than 1 order under this paragraph, to pay a civil penalty of not
less than $8,000 and not more than $25,000 for each individual
subjected to an unfair immigration-related employment practice; and
- `(IV) in the case of an unfair
immigration-related employment practice described in paragraphs (4)
through (6) of subsection (a), to pay a civil penalty of not less than
$500 and not more than $2,000 for each individual subjected to an unfair
immigration-related employment practice.'.
- (2) EFFECTIVE DATE- The amendment made by paragraph (1)
shall take effect on the date that is 1 year after the date of the
enactment of this Act and apply to violations occurring on or after such
date of enactment.
3105
IMPROVED PROHIBITION ON DISCRIMINATION BASED ON NATIONAL ORIGIN OR CITIZENSHIP STATUS