From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
January 3, 2005 and April 21, 2006]
[CITE: 8USC1324b]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part VIII--General Penalty Provisions
Sec. 1324b. Unfair immigration-related employment practices
(a) Prohibition of discrimination based on national origin or
citizenship status
(1) General rule
It is an unfair
immigration-related employment practice for a
person or other entity to discriminate against any
individual (other
than an unauthorized alien, as defined in section
1324a(h)(3) of
this title) with respect to the hiring, or
recruitment or referral
for a fee, of the individual for employment or the
discharging of
the individual from employment--
(A)
because of such individual's national origin, or
(B)
in the case of a protected individual (as defined in
paragraph (3)), because of
such individual's citizenship status.
(2) Exceptions
Paragraph (1) shall not
apply to--
(A)
a person or other entity that employs three or fewer
employees,
(B)
a person's or entity's discrimination because of an
individual's national origin
if the discrimination with respect
to that person or entity and
that individual is covered under
section 703 of the Civil
Rights Act of 1964 [42 U.S.C. 2000e-2],
or
(C)
discrimination because of citizenship status which is
otherwise required in order
to comply with law, regulation, or
executive order, or required
by Federal, State, or local
government contract, or
which the Attorney General determines to
be essential for an employer
to do business with an agency or
department of the Federal,
State, or local government.
(3) ``Protected individual'' defined
As used in paragraph (1),
the term ``protected individual''
means an individual who--
(A)
is a citizen or national of the United States, or
(B)
is an alien who is lawfully admitted for permanent
residence, is granted the
status of an alien lawfully admitted
for temporary residence
under section 1160(a) or 1255a(a)(1) of
this title, is admitted as a
refugee under section 1157 of this
title, or is granted asylum
under section 1158 of this title;
but does not include (i) an
alien who fails to apply for
naturalization within six
months of the date the alien first
becomes eligible (by virtue
of period of lawful permanent
residence) to apply for
naturalization or, if later, within six
months after November 6,
1986, and (ii) an alien who has applied
on a timely basis, but has
not been naturalized as a citizen
within 2 years after the
date of the application, unless the
alien can establish that the
alien is actively pursuing
naturalization, except that
time consumed in the Service's
processing the application
shall not be counted toward the 2-
year period.
(4) 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 a person or
other entity to prefer to hire, recruit, or refer an
individual who
is a citizen or national of the United States over
another
individual who is an alien if the two individuals
are equally
qualified.
(5)
Prohibition of intimidation or retaliation
It is also an unfair
immigration-related employment practice for
a person or other entity 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,
testified, assisted, or participated in any manner
in an
investigation, proceeding, or hearing under this
section. An
individual so intimidated, threatened, coerced, or
retaliated
against shall be considered, for purposes of
subsections (d) and (g)
of this section, to have been discriminated against.
(6) Treatment of certain documentary practices as
employment
practices
A person's or other entity's
request, for purposes of satisfying
the requirements of section 1324a(b) of this title,
for more or
different documents than are required under such
section or refusing
to honor documents tendered that on their face
reasonably appear to
be genuine shall be treated as an unfair
immigration-related
employment practice if made for the purpose or with
the intent of
discriminating against an individual in violation of
paragraph (1).
(b) Charges of violations
(1) In general
Except as provided in
paragraph (2), any person alleging that
the person is adversely affected directly by an
unfair immigration-
related employment practice (or a person on that
person's behalf) or
an officer of the Service alleging that an unfair
immigration-
related employment practice has occurred or is
occurring may file a
charge respecting such practice or violation with
the Special
Counsel (appointed under subsection (c) of this
section). Charges
shall be in writing under oath or affirmation and
shall contain such
information as the Attorney General requires. The
Special Counsel by
certified mail shall serve a notice of the charge
(including the
date, place, and circumstances of the alleged unfair
immigration-
related employment practice) on the person or entity
involved within
10 days.
(2) No overlap with EEOC complaints
No charge may be filed
respecting an unfair immigration-related
employment practice described in subsection
(a)(1)(A) of this
section if a charge with respect to that practice
based on the same
set of facts has been filed with the Equal
Employment Opportunity
Commission under title VII of the Civil Rights Act
of 1964 [42
U.S.C. 2000e et seq.], unless the charge is
dismissed as being
outside the scope of such title. No charge
respecting an employment
practice may be filed with the Equal Employment
Opportunity
Commission under such title if a charge with respect
to such
practice based on the same set of facts has been
filed under this
subsection, unless the charge is dismissed under
this section as
being outside the scope of this section.
(c) Special Counsel
(1) Appointment
The President shall appoint,
by and with the advice and consent
of the Senate, a Special Counsel for
Immigration-Related Unfair
Employment Practices (hereinafter in this section
referred to as the
``Special Counsel'') within the Department of
Justice to serve for a
term of four years. In the case of a vacancy in the
office of the
Special Counsel the President may designate the
officer or employee
who shall act as Special Counsel during such vacancy.
(2) Duties
The Special Counsel shall be
responsible for investigation of
charges and issuance of complaints under this
section and in respect
of the prosecution of all such complaints before
administrative law
judges and the exercise of certain functions under
subsection (j)(1)
of this section.
(3) Compensation
The Special Counsel is
entitled to receive compensation at a
rate not to exceed the rate now or hereafter
provided for grade GS-
17 of the General Schedule, under section 5332 of
title 5.
(4) Regional offices
The Special Counsel, in
accordance with regulations of the
Attorney General, shall establish such regional
offices as may be
necessary to carry out his duties.
(d) Investigation of charges
(1) By Special Counsel
The Special Counsel shall
investigate each charge received and,
within 120 days of the date of the receipt of the
charge, determine
whether or not there is reasonable cause to believe
that the charge
is true and whether or not to bring a complaint with
respect to the
charge before an administrative law judge. The
Special Counsel may,
on his own initiative, conduct investigations
respecting unfair
immigration-related employment practices and, based
on such an
investigation and subject to paragraph (3), file a
complaint before
such a judge.
(2) Private actions
If the Special Counsel,
after receiving such a charge respecting
an unfair immigration-related employment practice
which alleges
knowing and intentional discriminatory activity or a
pattern or
practice of discriminatory activity, has not filed a
complaint
before an administrative law judge with respect to
such charge
within such 120-day period, the Special Counsel
shall notify the
person making the charge of the determination not to
file such a
complaint during such period and the person making
the charge may
(subject to paragraph (3)) file a complaint directly
before such a
judge within 90 days after the date of receipt of
the notice. The
Special Counsel's failure to file such a complaint
within such 120-
day period shall not affect the right of the Special
Counsel to
investigate the charge or to bring a complaint
before an
administrative law judge during such 90-day period.
(3) Time limitations on complaints
No complaint may be filed
respecting any unfair immigration-
related employment practice occurring more than 180
days prior to
the date of the filing of the charge with the
Special Counsel. This
subparagraph shall not prevent the subsequent
amending of a charge
or complaint under subsection (e)(1) of this section.
(e) Hearings
(1) Notice
Whenever a complaint is made
that a person or entity has engaged
in or is engaging in any such unfair
immigration-related employment
practice, an administrative law judge shall have
power to issue and
cause to be served upon such person or entity a copy
of the
complaint and a notice of hearing before the judge
at a place
therein fixed, not less than five days after the
serving of the
complaint. Any such complaint may be amended by the
judge conducting
the hearing, upon the motion of the party filing the
complaint, in
the judge's discretion at any time prior to the
issuance of an order
based thereon. The person or entity so complained of
shall have the
right to file an answer to the original or amended
complaint and to
appear in person or otherwise and give testimony at
the place and
time fixed in the complaint.
(2) Judges hearing cases
Hearings on complaints under
this subsection shall be considered
before administrative law judges who are specially
designated by the
Attorney General as having special training
respecting employment
discrimination and, to the extent practicable,
before such judges
who only consider cases under this section.
(3) Complainant as party
Any person filing a charge
with the Special Counsel respecting
an unfair immigration-related employment practice
shall be
considered a party to any complaint before an
administrative law
judge respecting such practice and any subsequent
appeal respecting
that complaint. In the discretion of the judge
conducting the
hearing, any other person may be allowed to
intervene in the
proceeding and to present testimony.
(f) Testimony and authority of hearing officers
(1) Testimony
The testimony taken by the
administrative law judge shall be
reduced to writing. Thereafter, the judge, in his
discretion, upon
notice may provide for the taking of further
testimony or hear
argument.
(2) Authority of administrative law judges
In conducting investigations
and hearings under this subsection
\1\ and in accordance with regulations of the
Attorney General, the
Special Counsel and administrative law judges shall
have reasonable
access to examine evidence of any person or entity
being
investigated. The administrative law judges by
subpoena may compel
the attendance of witnesses and the production of
evidence at any
designated place or hearing. In case of contumacy or
refusal to obey
a subpoena lawfully issued under this paragraph and
upon application
of the administrative law judge, an appropriate
district court of
the United States may issue an order requiring
compliance with such
subpoena and any failure to obey such order may be
punished by such
court as a contempt thereof.
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\1\ So in original. Probably should be ``section''.
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(g) Determinations
(1) Order
The administrative law judge
shall issue and cause to be served
on the parties to the proceeding an order, which
shall be final
unless appealed as provided under subsection (i) of
this section.
(2) Orders finding violations
(A) In general
If,
upon the preponderance of the evidence, an
administrative law judge
determines that any person or entity
named in the complaint has
engaged in or is engaging in any such
unfair immigration-related
employment practice, then the judge
shall state his findings of
fact and shall issue and cause to be
served on such person or
entity an order which requires such
person or entity to cease
and desist from such unfair
immigration-related
employment practice.
(B) Contents of order
Such
an order also may require the person or entity--
(i) to comply with the requirements of section 1324a(b)
of
this title with respect to individuals hired (or
recruited or referred for employment for a fee) during a
period of up to three years;
(ii) to retain for the period referred to in clause (i)
and
only for purposes consistent with section 1324a(b)(5) of
this
title, the name and address of each individual who
applies, in person or in writing, for hiring for an existing
position, or for recruiting or referring for a fee, for
employment in the United States;
(iii) to hire individuals directly and adversely
affected, with or without back pay;
(iv)(I) except as provided in subclauses (II) through
(IV), to pay a civil penalty of not less than $250 and not
more
than $2,000 for each individual discriminated against,
(II) except as provided in subclauses (III) and (IV), in
the
case of a person or entity previously subject to a
single order under this paragraph, to pay a civil penalty of
not
less than $2,000 and not more than $5,000 for each
individual discriminated against,
(III) except as provided in subclause (IV), in the case
of a
person or entity previously subject to more than one
order under this paragraph, to pay a civil penalty of not
less
than $3,000 and not more than $10,000 for each
individual discriminated against, and
(IV) in the case of an unfair immigration-related
employment practice described in subsection (a)(6) of this
section, to pay a civil penalty of not less than $100 and
not
more than $1,000 for each individual discriminated
against;
(v) to post notices to employees about their rights
under this section and employers' obligations under section
1324a of this title;
(vi) to educate all personnel involved in hiring and
complying with this section or section 1324a of this title
about the requirements of this section or such section;
(vii) to remove (in an appropriate case) a false
performance review or false warning from an employee's
personnel file; and
(viii) to lift (in an appropriate case) any restrictions
on
an employee's assignments, work shifts, or movements.
(C) Limitation on back pay
remedy
In
providing a remedy under subparagraph (B)(iii), back pay
liability shall not accrue
from a date more than two years prior
to the date of the filing of
a charge with the Special Counsel.
Interim earnings or amounts
earnable with reasonable diligence
by the individual or
individuals discriminated against shall
operate to reduce the back
pay otherwise allowable under such
paragraph. No order shall
require the hiring of an individual as
an employee or the payment
to an individual of any back pay, if
the individual was refused
employment for any reason other than
discrimination on account of
national origin or citizenship
status.
(D) Treatment of distinct
entities
In
applying this subsection in the case of a person or
entity composed of distinct,
physically separate subdivisions
each of which provides
separately for the hiring, recruiting, or
referring for employment,
without reference to the practices of,
and not under the control of
or common control with, another
subdivision, each such
subdivision shall be considered a
separate person or entity.
(3) Orders not finding violations
If upon the preponderance of
the evidence an administrative law
judge determines that the person or entity named in
the complaint
has not engaged and is not engaging in any such
unfair immigration-
related employment practice, then the judge shall
state his findings
of fact and shall issue an order dismissing the
complaint.
(h) Awarding of attorney's fees
In any complaint respecting an unfair
immigration-related employment
practice, an administrative law judge, in the judge's discretion, may
allow a prevailing party, other than the United States, a reasonable
attorney's fee, if the losing party's argument is without reasonable
foundation in law and fact.
(i) Review of final orders
(1) In general
Not later than 60 days after
the entry of such final order, any
person aggrieved by such final order may seek a
review of such order
in the United States court of appeals for the
circuit in which the
violation is alleged to have occurred or in which
the employer
resides or transacts business.
(2) Further review
Upon the filing of the
record with the court, the jurisdiction
of the court shall be exclusive and its judgment
shall be final,
except that the same shall be subject to review by
the Supreme Court
of the United States upon writ of certiorari or
certification as
provided in section 1254 of title 28.
(j) Court enforcement of administrative orders
(1) In general
If an order of the agency is
not appealed under subsection
(i)(1) of this section, the Special Counsel (or, if
the Special
Counsel fails to act, the person filing the charge)
may petition the
United States district court for the district in
which a violation
of the order is alleged to have occurred, or in
which the respondent
resides or transacts business, for the enforcement
of the order of
the administrative law judge, by filing in such
court a written
petition praying that such order be enforced.
(2) Court enforcement order
Upon the filing of such
petition, the court shall have
jurisdiction to make and enter a decree enforcing
the order of the
administrative law judge. In such a proceeding, the
order of the
administrative law judge shall not be subject to
review.
(3) Enforcement decree in original review
If, upon appeal of an order
under subsection (i)(1) of this
section, the United States court of appeals does not
reverse such
order, such court shall have the jurisdiction to
make and enter a
decree enforcing the order of the administrative law
judge.
(4) Awarding of attorneys' fees
In any judicial proceeding
under subsection (i) of this section
or this subsection, the court, in its discretion,
may allow a
prevailing party, other than the United States, a
reasonable
attorney's fee as part of costs but only if the
losing party's
argument is without reasonable foundation in law and
fact.
(k) Termination dates
(1) This section shall not apply to discrimination
in hiring,
recruiting, or referring, or discharging of individuals occurring after
the date of any termination of the provisions of section 1324a of this
title, under subsection (l) \2\ of that section.
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\2\ See References in Text note below.
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(2) The provisions of this section shall terminate
30 calendar days
after receipt of the last report required to be transmitted under
section 1324a(j) \2\ of this title if--
(A) the Comptroller General
determines, and so reports in such
report that--
(i)
no significant discrimination has resulted, against
citizens or nationals of the
United States or against any
eligible workers seeking
employment, from the implementation of
section 1324a of this title,
or
(ii)
such section has created an unreasonable burden on
employers hiring such
workers; and
(B) there has been enacted,
within such period of 30 calendar
days, a joint resolution stating in substance that
the Congress
approves the findings of the Comptroller General
contained in such
report.
The provisions of subsections (m) and (n) \2\ of section 1324a of this
title shall apply to any joint resolution under subparagraph (B) in the
same manner as they apply to a joint resolution under subsection (l)
\2\
of such section.
(l) Dissemination of information concerning anti-discrimination
provisions
(1) Not later than 3 months after November 29, 1990,
the Special
Counsel, in cooperation with the chairman of the Equal Employment
Opportunity Commission, the Secretary of Labor, and the Administrator
of
the Small Business Administration, shall conduct a campaign to
disseminate information respecting the rights and remedies prescribed
under this section and under title VII of the Civil Rights Act of 1964
[42 U.S.C. 2000e et seq.] in connection with unfair immigration-related
employment practices. Such campaign shall be aimed at increasing the
knowledge of employers, employees, and the general public concerning
employer and employee rights, responsibilities, and remedies under this
section and such title.
(2) In order to carry out the campaign under this
subsection, the
Special Counsel--
(A) may, to the extent
deemed appropriate and subject to the
availability of appropriations, contract with public
and private
organizations for outreach activities under the
campaign, and
(B) shall consult with the
Secretary of Labor, the chairman of
the Equal Employment Opportunity Commission, and the
heads of such
other agencies as may be appropriate.
(3) There are authorized to be appropriated to carry
out this
subsection $10,000,000 for each fiscal year (beginning with fiscal year
1991).
(June 27, 1952, ch. 477, title II, ch. 8, Sec. 274B, as added Pub. L.
99-603, title I, Sec. 102(a), Nov. 6, 1986, 100 Stat. 3374; amended
Pub.
L. 100-525, Sec. 2(b), Oct. 24, 1988, 102 Stat. 2610; Pub. L. 101-649,
title V, Secs. 531, 532(a), 533(a), 534(a), 535(a), 536(a), 537(a),
539(a), Nov. 29, 1990, 104 Stat. 5054-5056; Pub. L. 102-232, title III,
Sec. 306(b)(1), (3), (c)(1), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 103-
416, title II, Sec. 219(q), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104-
208, div. C, title IV, Sec. 421(a), title VI, Sec. 671(d)(1)(B), Sept.
30, 1996, 110 Stat. 3009-670, 3009-723.)
References in Text
The Civil Rights Act of 1964, referred to in
subsecs. (b)(2) and
(l)(1), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended.
Title
VII of the Civil Rights Act of 1964 is classified generally to
subchapter VI (Sec. 2000e et seq.) of chapter 21 of Title 42, The
Public
Health and Welfare. For complete classification of this Act to the
Code,
see Short Title note set out under section 2000a of Title 42 and Tables.
Subsections (j), (l), (m), and (n) of section 1324a
of this title,
referred to in subsec. (k), were repealed by Pub. L. 104-208, div. C,
title IV, Sec. 412(c), Sept. 30, 1996, 110 Stat. 3009-668.
Amendments
1996--Subsec. (a)(3)(B). Pub. L. 104-208, Sec.
671(d)(1)(B), struck
out ``, 1161(a),'' after ``section 1160(a)''.
Subsec. (a)(6). Pub. L. 104-208, Sec. 421(a),
substituted ``A
person's'' for ``For purposes of paragraph (1), a person's'' and ``if
made for the purpose or with the intent of discriminating against an
individual in violation of paragraph (1)'' for ``relating to the hiring
of individuals''.
1994--Subsec. (g)(2)(C). Pub. L. 103-416 substituted
``the Special
Counsel'' for ``an administrative law judge'' in first sentence.
1991--Subsec. (g)(2)(B)(iv)(II). Pub. L. 102-232,
Sec. 306(b)(1),
substituted ``subclauses (III) and (IV)'' for ``subclause (IV)''.
Subsec. (g)(2)(B)(iv)(IV). Pub. L. 102-232, Sec.
306(b)(3)(A),
substituted a semicolon for period at end.
Subsec. (g)(2)(B)(v), (vi). Pub. L. 102-232, Sec.
306(b)(3)(B),
substituted semicolons for commas at end.
Subsec. (g)(2)(B)(vii). Pub. L. 102-232, Sec.
306(b)(3)(C), (D),
substituted a semicolon for comma at end and ``to remove (in an
appropriate case)'' for ``to order (in an appropriate case) the removal
of''.
Subsec. (g)(2)(B)(viii). Pub. L. 102-232, Sec.
306(b)(3)(E),
substituted ``to lift (in an appropriate case)'' for ``to order (in an
appropriate case) the lifting of''.
Subsec. (g)(2)(D). Pub. L. 102-232, Sec. 306(c)(1),
substituted
``physically'' for ``physicially''.
1990--Subsec. (a)(1)(B). Pub. L. 101-649, Sec.
533(a)(1),
substituted ``protected individual'' for ``citizen or intending
citizen''.
Subsec. (a)(3). Pub. L. 101-649, Sec. 533(a)(2),
(3), in heading and
text substituted ``protected individual'' for ``citizen or intending
citizen''.
Subsec. (a)(3)(B). Pub. L. 101-649, Sec. 533(a)(4),
substituted ``is
an alien who is lawfully admitted for permanent residence, is granted
the status of an alien lawfully admitted for temporary residence under
section 1160(a), 1161(a), or 1255a(a)(1) of this title, is admitted as
a
refugee under section 1157 of this title, or is granted asylum under
section 1158 of this title; but does not'' for ``is an alien who--
``(i) is lawfully admitted
for permanent residence, is granted
the status of an alien lawfully admitted for
temporary residence
under section 1160(a), 1161(a), or 1255a(a)(1) of
this title, is
admitted as a refugee under section 1157 of this
title, or is
granted asylum under section 1158 of this title, and
``(ii) evidences an
intention to become a citizen of the United
States through completing a declaration of intention
to become a
citizen;
but does not'', and in closing provisions substituted ``(i)'' and
``(ii)'' for ``(I)'' and ``(II)'', respectively.
Pub. L. 101-649, Sec. 532(a), inserted reference to
sections 1160(a)
and 1161(a) of this title in cl. (i).
Subsec. (a)(5). Pub. L. 101-649, Sec. 534(a), added
par. (5).
Subsec. (a)(6). Pub. L. 101-649, Sec. 535(a), added
par. (6).
Subsec. (d)(2). Pub. L. 101-649, Sec. 537(a),
inserted ``the Special
Counsel shall notify the person making the charge of the determination
not to file such a complaint during such period and'' after ``120-day
period,'', inserted ``within 90 days after the date of receipt of the
notice'' before period at end, and inserted at end ``The Special
Counsel's failure to file such a complaint within such 120-day period
shall not affect the right of the Special Counsel to investigate the
charge or to bring a complaint before an administrative law judge
during
such 90-day period.''
Subsec. (g)(2)(B)(iii). Pub. L. 101-649, Sec.
539(a)(1), struck out
``and'' at end.
Subsec. (g)(2)(B)(iv). Pub. L. 101-649, Sec.
539(a)(2), which
directed the substitution of a comma for the period at end of cl.
(iv)(II), could not be executed because of the general amendment of cl.
(iv) by Pub. L. 101-649, Sec. 536(a), see below.
Pub. L. 101-649, Sec. 536(a), amended cl. (iv)
generally. Prior to
amendment, cl. (iv) read as follows:
``(I) except as provided in subclause (II), to pay a
civil penalty
of not more than $1,000 for each individual discriminated against, and
``(II) in the case of a person or entity previously
subject to such
an order, to pay a civil penalty of not more than $2,000 for each
individual discriminated against.''
Subsec. (g)(2)(B)(v) to (viii). Pub. L. 101-649,
Sec. 539(a)(3),
added cls. (v) to (viii).
Subsec. (l). Pub. L. 101-649, Sec. 531, added
subsec. (l).
1988--Subsec. (a)(1). Pub. L. 100-525, Sec. 2(b)(1),
inserted
reference to section 1324a(h)(3) of this title.
Subsec. (e)(3). Pub. L. 100-525, Sec. 2(b)(2),
struck out ``said''
before ``proceeding''.
Subsec. (g)(2)(A). Pub. L. 100-525, Sec. 2(b)(3),
substituted
``that'' for ``that that''.
Subsec. (g)(2)(B)(ii). Pub. L. 100-525, Sec.
2(b)(4), substituted
``1324a'' for ``1324''.
Subsec. (g)(3). Pub. L. 100-525, Sec. 2(b)(5),
substituted ``engaged
and'' for ``engaged or''.
Subsec. (h). Pub. L. 100-525, Sec. 2(b)(6),
substituted
``attorney's'' for ``attorneys' '' in heading.
Effective Date of 1996 Amendment
Section 421(b) of div. C of Pub. L. 104-208 provided
that: ``The
amendments made by subsection (a) [amending this section] shall apply
to
requests made on or after the date of the enactment of this Act [Sept.
30, 1996].''
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-416 effective as if
included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section
219(dd) of Pub. L. 103-416, set out as a note under section 1101 of
this
title.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-232 effective as if
included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this
title.
Effective Date of 1990 Amendment
Section 532(b) of Pub. L. 101-649 provided that:
``The amendment
made by subsection (a) [amending this section] shall apply to actions
occurring on or after the date of the enactment of this Act [Nov. 29,
1990].''
Section 533(b) of Pub. L. 101-649 provided that:
``The amendments
made by subsection (a) [amending this section] shall apply to unfair
immigration-related employment practices occurring before, on, or after
the date of the enactment of this Act [Nov. 29, 1990].''
Section 534(b) of Pub. L. 101-649 provided that:
``The amendment
made by subsection (a) [amending this section] shall apply to actions
occurring on or after the date of the enactment of this Act [Nov. 29,
1990].''
Section 535(b) of Pub. L. 101-649 provided that:
``The amendment
made by subsection (a) [amending this section] shall take effect on the
date of the enactment of this Act [Nov. 29, 1990], but shall apply to
actions occurring on or after such date.''
Section 536(b) of Pub. L. 101-649 provided that:
``The amendments
made by this section [amending this section] shall apply to unfair
immigration-related employment practices occurring after the date of
the
enactment of this Act [Nov. 29, 1990].''
Section 537(b) of Pub. L. 101-649 provided that:
``The amendments
made by subsection (a) [amending this section] shall apply to charges
received on or after the date of the enactment of this Act [Nov. 29,
1990].''
Section 539(b) of Pub. L. 101-649 provided that:
``The amendments
made by subsection (a) [amending this section] shall apply to orders
with respect to unfair immigration-related employment practices
occurring on or after the date of the enactment of this Act [Nov. 29,
1990].''
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-525 effective as if
included in enactment
of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see
section 2(s) of Pub. L. 100-525, set out as a note under section 1101
of
this title.
Abolition of Immigration and Naturalization Service and Transfer
of
Functions
For abolition of Immigration and Naturalization
Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of this title.
References in Other
Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16,
17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section
5376
of Title 5.
No Effect on EEOC Authority
Section 102(b) of Pub. L. 99-603 provided that:
``Except as may be
specifically provided in this section, nothing in this section shall be
construed to restrict the authority of the Equal Employment Opportunity
Commission to investigate allegations, in writing and under oath or
affirmation, of unlawful employment practices, as provided in section
706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5), or any other
authority provided therein.''