New MOU Creates Greater Protection against Immigration-Related Unfair Employment Practices

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) and the National Labor Relations Board (NLRB) entered into a Memorandum of Understanding (MOU) on July 8, 2013.  This MOU allows both agencies to share information, refer matters to each other and coordinate investigations.

A copy of the MOU is available here.

The OSC is a U.S. Department of Justice agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act.  These provisions prohibit employers from discriminating against employees based on citizenship status and national origin.  The provisions also prohibit document abuse discrimination, which is when employers request more or different documents than are required to complete the Form I-9, or reject documents that reasonably appear to be genuine.  For more information about the OSC, please visit  http://www.justice.gov/crt/about/osc/.

The MOU will allow the NLRB to make referrals to OSC when an unfair labor practice charge or other matter before the NLRB suggests an employer is discriminating against employees based on citizenship or national origin— such as verification of employment authorization, in the I-9 or E-Verify process.

The OSC will similarly be able to refer matters to the NLRB where it sees interference with a person’s right to form or join a Union.

By Monica Guizar | July 9, 2013

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