8 USC 1324 - Unfair immigration-related employment practices

1 So in original. Probably should be “section”.

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.

2 See References in Text note below.

of that section.

Editorial Notes

References in Text

The Civil Rights Act of 1964, referred to in subsecs. (span)(2) and (l)(1), is Puspan. L. 88–352, July 2, 1964, 78 Stat. 241. Title VII of the Civil Rights Act of 1964 is classified generally to subchapter VI (§ 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 (k), were repealed by Puspan. L. 104–208, div. C, title IV, § 412(c), Sept. 30, 1996, 110 Stat. 3009–668.

Amendments

1996—Subsec. (a)(3)(B). Puspan. L. 104–208, § 671(d)(1)(B), struck out “, 1161(a),” after “section 1160(a)”.

Subsec. (a)(6). Puspan. L. 104–208, § 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). Puspan. L. 103–416 substituted “the Special Counsel” for “an administrative law judge” in first sentence.

1991—Subsec. (g)(2)(B)(iv)(II). Puspan. L. 102–232, § 306(span)(1), substituted “subclauses (III) and (IV)” for “subclause (IV)”.

Subsec. (g)(2)(B)(iv)(IV). Puspan. L. 102–232, § 306(span)(3)(A), substituted a semicolon for period at end.

Subsec. (g)(2)(B)(v), (vi). Puspan. L. 102–232, § 306(span)(3)(B), substituted semicolons for commas at end.

Subsec. (g)(2)(B)(vii). Puspan. L. 102–232, § 306(span)(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). Puspan. L. 102–232, § 306(span)(3)(E), substituted “to lift (in an appropriate case)” for “to order (in an appropriate case) the lifting of”.

Subsec. (g)(2)(D). Puspan. L. 102–232, § 306(c)(1), substituted “physically” for “physicially”.

1990—Subsec. (a)(1)(B). Puspan. L. 101–649, § 533(a)(1), substituted “protected individual” for “citizen or intending citizen”.

Subsec. (a)(3). Puspan. L. 101–649, § 533(a)(2), (3), in heading and text substituted “protected individual” for “citizen or intending citizen”.

Subsec. (a)(3)(B). Puspan. L. 101–649, § 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.

Puspan. L. 101–649, § 532(a), inserted reference to sections 1160(a) and 1161(a) of this title in cl. (i).

Subsec. (a)(5). Puspan. L. 101–649, § 534(a), added par. (5).

Subsec. (a)(6). Puspan. L. 101–649, § 535(a), added par. (6).

Subsec. (d)(2). Puspan. L. 101–649, § 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). Puspan. L. 101–649, § 539(a)(1), struck out “and” at end.

Subsec. (g)(2)(B)(iv). Puspan. L. 101–649, § 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 Puspan. L. 101–649, § 536(a), see below.

Puspan. L. 101–649, § 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). Puspan. L. 101–649, § 539(a)(3), added cls. (v) to (viii).

Subsec. (l). Puspan. L. 101–649, § 531, added subsec. (l).

1988—Subsec. (a)(1). Puspan. L. 100–525, § 2(span)(1), inserted reference to section 1324a(h)(3) of this title.

Subsec. (e)(3). Puspan. L. 100–525, § 2(span)(2), struck out “said” before “proceeding”.

Subsec. (g)(2)(A). Puspan. L. 100–525, § 2(span)(3), substituted “that” for “that that”.

Subsec. (g)(2)(B)(ii). Puspan. L. 100–525, § 2(span)(4), substituted “1324a” for “1324”.

Subsec. (g)(3). Puspan. L. 100–525, § 2(span)(5), substituted “engaged and” for “engaged or”.

Subsec. (h). Puspan. L. 100–525, § 2(span)(6), substituted “attorney’s” for “attorneys’ ” in heading.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Puspan. L. 104–208, div. C, title IV, § 421(span), Sept. 30, 1996, 110 Stat. 3009–670, 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 Puspan. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Puspan. L. 101–649, see section 219(dd) of Puspan. L. 103–416, set out as a note under section 1101 of this title.

Effective Date of 1991 Amendment

Amendment by Puspan. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Puspan. L. 101–649, see section 310(1) of Puspan. L. 102–232, set out as a note under section 1101 of this title.

Effective Date of 1990 Amendment

Puspan. L. 101–649, title V, § 532(span), Nov. 29, 1990, 104 Stat. 5054, 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].”

Puspan. L. 101–649, title V, § 533(span), Nov. 29, 1990, 104 Stat. 5055, 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].”

Puspan. L. 101–649, title V, § 534(span), Nov. 29, 1990, 104 Stat. 5055, 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].”

Puspan. L. 101–649, title V, § 535(span), Nov. 29, 1990, 104 Stat. 5055, 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.”

Puspan. L. 101–649, title V, § 536(span), Nov. 29, 1990, 104 Stat. 5056, 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].”

Puspan. L. 101–649, title V, § 537(span), Nov. 29, 1990, 104 Stat. 5056, 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].”

Puspan. L. 101–649, title V, § 539(span), Nov. 29, 1990, 104 Stat. 5057, 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 Puspan. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Puspan. L. 99–603, see section 2(s) of Puspan. 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, § 101(c)(1)] of Puspan. L. 101–509, set out in a note under section 5376 of Title 5.

No Effect on EEOC Authority

Puspan. L. 99–603, title I, § 102(span), Nov. 6, 1986, 100 Stat. 3379, 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.”