Please note that as of January 18, 2017, the Office of Special Counsel for Immigration-Related Unfair Employment Practices has been renamed the Immigrant and Employee Rights Section (IER).

IER Interventions: National Origin

Fiscal Year 2016

Fairview, OR

On June 21, 2016, OSC successfully intervened and assisted a worker with limited English proficiency to obtain employment after she was not permitted to apply because of her English language skills. The worker, who previously worked at the employer’s California location, applied to work at the employer’s Oregon plant. On two separate occasions, a supervisor the worker met with refused to provide her with an application because of her English speaking skills. An OSC staff member contacted the employer’s HR office and advised the company official of the situation. The OSC staff member directed the official to materials on the EEOC’s and OSC’s website about national origin discrimination. The employer subsequently contacted the worker for an interview, and then hired her for the position.

Fiscal Year 2010

Baton Rouge, LA

On May 14, 2010, OSC successfully completed a telephone intervention, resulting in a new job for a recent immigrant. The job applicant, an immigrant from the Dominican Republic, was hired by janitorial service. She complied with the requirements of the employment eligibility verification (Form I-9) process by producing a current employment authorization document (EAD). However, she was not allowed to work, because she could not pass a background security check. Since she had not been in the United States for five years, she was advised that she would have to provide the employer with a criminal records check from the Dominican Republic or pay $350 for the employer’s contractor to conduct an international criminal background search. OSC contacted the employer and explained the protections afforded by the anti-discrimination provision of the Immigration and Nationality Act (INA) against workplace discrimination on the basis of citizenship status or national origin. The employer then decided to approve the applicant to start work. OSC interventions: other I-9 and document issues.

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