Education and Enforcement of the Antidiscrimination Provision of the Immigration and Nationality Act

 

To educate employers and workers about their rights and responsibilities under the Immigration and Nationality Act (INA), which prohibits employment discrimination based on citizenship status and national origin, and unfair documentary practices with respect to verification of employment eligibility.

Deleted 01/15/2013 (Archived.) 16.110 Agency: Department of Justice
Office: Civil Rights Division INVESTIGATION OF COMPLAINTS; PROJECT GRANTS; PROVISION OF SPECIALIZED SERVICES Fiscal Year 2010: No Current Data Available Fiscal Year 2011: No Current Data Available Fiscal Year 2012: No Current Data Available Immigration and Nationality Act, 8 U.S.C. Section 1324b. The OSC welcomes grant proposals from organizations such as local, regional, and national ethnic and immigrant rights advocacy organizations, labor organizations, trade associations, industry groups, professional organizations, state and local government agencies, employer organizations and associations, and others, including for-profit entities, that provide information services to potential victims of discrimination and/or employers. The educational efforts under the grant should be cost effective and directed to (1) work-authorized non-citizens (since this group is especially vulnerable to employment discrimination); (2) citizens who are most likely to become victims of prohibited employment discrimination under the INA; and/or (3) employers, especially small businesses. No Credentials or documentation are required. This program is excluded from coverage under OMB Circular No. A-87. Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372. OMB Circular No. A-102 applies to this program. OMB Circular No. A-110 applies to this program. The applicant must submit the following forms electronically through www.grants.gov: Application for Federal Assistance (SF 424); Disclosure Form to Report Lobbying (SF LLL), and Assurances (DOJ/OJP Form 4000/3). In addition, the application package must include an abstract, a program narrative not to exceed 15 pages, a proposed budget, and resumes of professional staff proposed in the budget. Federal officials will review and rate grant applications according to standards published in the announcement of availability of funds posted on www.grants.gov. Final award decisions are made by the Special Counsel for Immigration-Related Unfair Employment Practices, or in the absence of the Special Counsel, by the Assistant Attorney General for Civil Rights. Contact the headquarters or regional office, as appropriate, for application deadlines. 4 to 5 months. None. Not Applicable. The standards for making grant awards are published in the solicitation posted on www.grants.gov (see Award Procedure). Included among them are: 1) sound program design and cost-effective strategies for educating the intended population, including evidence of in-depth knowledge of the goals and objectives of the project, and the applicant's qualifications to reach effectively the intended audience(s); 2) capability of the applicant to define the intended audience, reach it, and implement the public education and evaluation components of the campaign; 3) staff capability and previous experience in having successfully carried out programs or work of a similar nature. The anti-discrimination provisions of the INA prohibit employment discrimination based upon national origin and citizenship status against U.S. citizens and other legally authorized workers with respect to hiring, firing, and recruitment or referral for a fee, and unfair documentary practices during verification of employment eligibility. The INA also prohibits retaliation for the purpose of interfering with any right or privilege secured by the anti-discrimination provisions, or because an individual has participated in a proceeding to enforce those provisions. The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) was created by Congress to enforce these provisions, and to educate the public about its responsibilities and rights under the law. The goal of OSC's grant program is to educate workers and employers about the anti-discrimination provisions of the INA in order to reduce incidents of employment discrimination. Grants are open to all applicants including labor and immigrant organizations, small and large businesses and associations, employer groups and associations, public service or community-based organizations, faith-based organizations and state and local government agencies. The INA's prohibition against citizenship status discrimination applies to employers with more than three employees, and covers: (1) U.S. citizens and nationals; (2) lawful permanent residents; (3) temporary residents under the Immigration Reform and Control Act of 1986, including Special Agricultural Worker program (SAW) and Replenishment Agricultural Worker program (RAW); (4) refugees and (5) asylees. The INA's prohibition against national origin discrimination applies to employers with four to 14 employees and covers U.S. citizens, and all individuals with work authorization. Employers with 15 or more employees are subject to Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq., Which also prohibits discrimination on the basis of national origin, and is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Charges incorrectly filed with OSC are automatically referred to the EEOC and vice versa. The INA's prohibition against unfair documentary practices applies to employers with more than three employees, and protects U.S. citizens and all individuals with work authorization. Program reports are not applicable. Cash reports are not applicable. Progress reports are not applicable. Expenditure reports are not applicable. Performance monitoring is not applicable. In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. In accordance with the provisions of OMB Circular No. A-133, (Revised, June 24, 1997), ("Audits of States, Local Governments, and Nonprofit Organizations,") nonfederal entities that expend financial assistance of $300,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $300,000 a year in Federal awards are exempt from Federal audit requirements for the year, except as noted in Circular No. A-133. Any documents related to the items of expenses under the grant. This program has no statutory formula.
This program has no matching requirements.
This program does not have MOE requirements. 12 months. Funds are released quarterly. Method of awarding/releasing assistance: quarterly. None. Department of Justice, Civil Rights Division-NYA, Office of Special Counsel for Immigration-Related Unfair Employment Practices, 950 Pennsylvania Ave., N.W., , Washington, District of Columbia 20530 Phone: Telephone: (voice) (202) 616-559 http://www.usdoj.gov/crt/osc/index.html. 15-0128-0-1-752. (Project Grants (Special)) FY 09 $722,604; FY 10 Estimate Not Available; FY 11 Estimate Not Available - Salaries & Expenses FY 09 $4,832,000.00. For grants approved in FY 09, the range was $48,141 to $87,203, average $60,217 ($725,000/11). For FY 10 the grant program announced range is $35,000 to $100,000. 8 U.S.C. 1324b. Fiscal Year 2010: No Current Data Available Fiscal Year 2011: No Current Data Available Fiscal Year 2012: No Current Data Available