The Department of Justice (DOJ) has published a final rule implementing revisions to its regulations implementing the anti-discrimination provisions of the Immigration and Nationality Act (INA), which were initially enacted as part of the 1986 Immigration Reform and Control Act (IRCA). The revised regulations are scheduled to go into effect on January 18, 2017.
The final rule in large part mirrors DOJ’s proposed revisions published in August 2016. Like the proposal, the final rule, in addition to housekeeping changes, conforms the regulations to established DOJ policy positions.
For example, the rule clarifies that discrimination on the basis of citizenship, immigration status, or national origin does not require a showing of animus or hostility, but instead requires only a showing that an employer intentionally treated persons differently because of national origin or citizenship status.
The rule also changes the name of the DOJ unit that enforces the INA’s nondiscrimination provisions from the Office of Special Counsel for Immigration-Related Unfair Employment Practices to the Immigrant and Employee Rights Section of the Civil Rights Division.
The text of the final rule is available here.
Members of the Equal Employment Advisory Council (EEAC) can read more here.