§ 3105 : IMPROVED PROHIBITION ON DISCRIMINATION BASED ON NATIONAL ORIGIN OR CITIZENSHIP STATUS

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 for a fee 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 274Auntil 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 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 274Afor 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.

[Blumenthal18]

7.

PROHIBITION OF WITHHOLDING EMPLOYMENT RECORDS.—It is an unfair immigration-related employment practice for an employer that is required under Federal, State, or local law to maintain records documenting employment, including dates or hours of work and wages received, to fail to provide such records to any employee upon request.

[end] [Coons10]

8.

PROFESSIONAL, COMMERCIAL, AND BUSINESS LICENSES.—An individual who is authorized to be employed in the United States may not be denied a professional, commercial, or business license on the basis of his or her immigration status.

[end]

9.

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.