If
an employer
is charged with violating the Immigration and Nationality Act's (INA)
nondiscrimination
or employer sanctions provisions, the employer has a right to an
administrative
hearing. The decisions issued by the administrative hearing
examiner
after an administrative hearing in an employer sanctions or
nondiscrimination
case are public record. You can discover if any administrative
hearing
decision has dealt with situations you are interested in by going to
the
Comprehensive
Guide to Published and Indexed Decisions maintained by the Office of
Chief
Administrative Hearing Officer (OCAHO).
(Note
you will need
the free Adobe Acrobat Reader installed on your computer in order to
open
this file or administrative hearing decisions. You can get
a free copy of this program along with instructions on how to install
it
by going to http://www.adobe.com/products/acrobat/readstep2.html.
Before downloading this program, you should try and open the
file.
If it opens, you already have Adobe Acrobat Reader installed on your
computer
and do not need to download anything)
The Comprehensive
Guide lists various topics. Under each topic is listed the
names
of cases dealing with the topic, citations to each case, and the year
each
case decision was issued. However, there are currently no
hot
links to the actual case decisions. To go to a case cited in the
index, you will have to note its citation. For example, the first
case cited in the index is Rusk v. Northrop Corp & DOD 4
OCAHO
607 (1994). To actually read that case, you need to go to http://www.usdoj.gov/eoir/OcahoMain/ocahosibpage.htm#Administrative
Decisions. At the bottom of this webpage is a topic called Cumulative
Alphabetical Listing of Published Decisions and Orders.
Under this topic are headings Bound Volume 1, Bound Volume 2,
etc.
You can find the Rush v. Northrop Corp & DOD in Bound
Volume
4. You can tell what volume any decision is in looking at
the
citation in the index. The citation to Rush v. Northrop Corp.
& DOD is 4 OCAHO 607. The 4 tells you that the decision
is
in Bound Volume 4. The number 607 tells you the reference
number
of the decision. So to read the decision in Rush v.
Northrop
Corp. & DOD, go to http://www.usdoj.gov/eoir/OcahoMain/ocahosibpage.htm#Administrative
Decisions and click on Bound
Volume 4, and than click on reference number 607.
"IRCA's
ANTIDISCRIMINATION PROVISION - How It Works and Can It Be Used to
Combat
Anti-Immigrant Fears?" has links to Administrative Hearing Case
Decisions
named in it (links to named Federal Court decisions will be added in
the
future). This means that if you click on the named case, you will
be taken to the actual administrative hearing case decision. To
go
back to where you were in the article after looking at case, just hit
the
back button in your browser.