Immigration and Nationality Act (2011)
Law and Software Edition
TITLE II:
IMMIGRATION
Part VIII
General Penalty Provisions
§ 274B (8 USC 1324b) Unfair immigration-related employment practices
a.
Prohibition of discrimination based on national origin or citizenship status
1.
General rule
2.
Exceptions
3.
“Protected individual” defined
4.
Additional exception providing right to prefer equally qualified citizens
5.
Prohibition of intimidation or retaliation
6.
Treatment of certain documentary practices as employment practices
b.
Charges of violations
1.
In general
2.
No overlap with EEOC complaints
c.
Special Counsel
1.
Appointment
2.
Duties
3.
Compensation
4.
Regional offices
d.
Investigation of charges
1.
By Special Counsel
2.
Private actions
3.
Time limitations on complaints
e.
Hearings
1.
Notice
2.
Judges hearing cases
3.
Complainant as party
f.
Testimony and authority of hearing officers
1.
Testimony
2.
Authority of administrative law judges
g.
Determinations
1.
Order
2.
Orders finding violations
A.
In general
B.
Contents of order
C.
Limitation on back pay remedy
D.
Treatment of distinct entities
3.
Orders not finding violations
h.
Awarding of attorney's fees
i.
Review of final orders
1.
In general
2.
Further review
j.
Court enforcement of administrative orders
1.
In general
2.
Court enforcement order
3.
Enforcement decree in original review
4.
Awarding of attorney's fees
k.
Termination dates
l.
Dissemination of information concerning anti-discrimination provisions