Scheme: 
Case Type Number: 
3
Statute (Common Name): 
Immigration and Nationality Act
Program Area: 
Immigration
Regulatory Authorities (CFR): 
28 CFR Part 68
Filed By: 
Private Party/Individual
Federal Agency
Brief Description of Case Type: 
Unfair Immigration-Related Employment Practices Formal proceedings in which the Office of Special Counsel for Immigration-Related Unfair Employment Practices or individuals or entities who have been adversely affected seek civil penalties and other remedies against employers and recruiters or referrers for a fee who discriminate against work-authorized job applicants or employees based on their national origin or citizenship status, over-document such individuals in the employment eligibility verification process or retaliate against individuals for asserting their rights under the statute. Remedies include civil monetary penalties, an order to comply with the relevant provisions of the Immigration and Nationality Act for a period of up to 3 years, an order to retain records of new hires and applicants for up to 3 years, an order to hire or reinstate with or without front or back pay those who were discriminated against, orders to post notices to employees regarding their rights, an order to educate personnel of the requirements of the Act, and orders to remove any inappropriate work restrictions or false employee performance reviews.
Relief Available in Actions Filed By Private Parties: 
Attorney Fees/Costs
Award of Benefits
Employment - Relief from Adverse Action
Monetary Award
Reinstatement/Restoration of Existing Right or Privilege
Release/Protection/Amendment of Documentary Information
Security Clearance - Grant/Restoration
Relief Available in Actions Filed by Agency: 
Cease and Desist Order
Civil (Monetary) Penalty
Finding of Violation/Non-Compliance
Fine for Program Violation/Non-Compliance
Other Agency Enforcement Action (General)
Relief Available in Actions Filed by Any Party: 
Injunction/Order
Verified by Agency: 
Verified