Sec. 5105. Prohibition on discrimination based on national origin or citizenship status
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Section 274B(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(a) ) is amended to read as follows: Except as provided in paragraphs
(2)and (3), 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 noncitizen (as defined in section 274A(h)(3))) because of such individual’s national origin or citizenship status, with respect to— the hiring of the individual for employment; the verification of the individual’s eligibility to work in the United States; or the discharging of the individual from employment. Paragraph
(1)shall not apply to— a person, other entity, or employer that employs 3 or fewer employees (other than an employment agency); a person’s or entity’s discrimination based upon 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; or discrimination based upon an individual’s citizenship status if such discrimination— is required in order to comply with a provision of Federal, State, or local law related to law enforcement; is required by a contract with the Federal Government; or is determined by the Secretary of Homeland Security or the Attorney General to be essential for an employer to do business with an agency or department of the Federal Government or with a State, Tribal, or local government. It is not an unfair immigration-related employment practice for an employer 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 a noncitizen if the 2 individuals are equally qualified. It is an unfair immigration-related employment practice for a person, other entity, or employment agency— to use the employment verification system described in section 274A (referred to in this title as the System ) to deny workers’ employment or post-employment benefits; to misuse the System to discriminate based on national origin or citizenship status; 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; to use an immigration status verification system, service, or method other than those described in section 274A for purposes of verifying employment eligibility; to grant access to document verification or System data, to any individual or entity not authorized to have such access; or to fail to take reasonable safeguards to protect against unauthorized loss, use, alteration, or destruction of System data. It is an unfair immigration-related employment practice for a person, other entity, or employment agency to intimidate, threaten, coerce, or retaliate against any individual— for the purpose of interfering with any right or privilege secured under this section; or because the individual intends to file, or has filed, a charge or a complaint, or testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. It is an unfair immigration-related employment practice for a person, other entity, or employment agency, for purposes of verifying employment eligibility— to request that an individual submit specific documents, more documents, or different documents than are required under section 274A; or to refuse to honor documents submitted by an individual that reasonably appear on their face to be genuine. 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 to whom the records pertain, upon request by such employee. 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. In this section, the term employment agency means any employer, person, entity, or agent of such employer, person, or entity that regularly undertakes, with or without compensation, to procure employees for employers or to procure for employees opportunities to work for employers. . Section 274B(b) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(b) ) is amended by adding at the end the following: The Equal Employment Opportunity Commission shall refer all matters alleging immigration-related unfair employment practices filed with the Commission, including those alleging violations of paragraph (1), (4), (5), or
(6)of subsection (a), to the Immigrant and Employment Rights Section of the Department of Justice. . Section 274B(g)(2)(B)(iv) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(g)(2)(B)(iv) ) is amended to read as follows: to pay the civil penalties set forth in this clause, which may be adjusted periodically to account for inflation, including— except as provided in subclauses
(II)through (IV), 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; except as provided in subclauses
(III)and (IV), in the case of an employer, person, or entity previously subject to 1 order under this paragraph, 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; 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, 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 in the case of an unfair immigration-related employment practice described in paragraphs
(4)through
(7)of subsection (a), 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. . 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 shall apply to violations occurring on or after such date of enactment. Section 274B(l)(3) ( 8 U.S.C. 1324b(l)(3) ) is amended to read as follows: There are authorized to be appropriated to carry out this subsection— $10,000,000 for each fiscal year (beginning with fiscal year 1991); and an additional $40,000,000 for each of fiscal years 2022 through 2024. .
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- 42 USC 2000e–2
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Sec. 5105
Prohibition on discrimination based on national origin or citizenship status
Cite42 USC 2000e–2
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