Civil Rights Division; Office of Special Counsel's Antidiscrimination Guidance for Employers Following the Department of Homeland Security's Safe-Harbor Procedures, 63993-63994 [E8-25723]
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Federal Register / Vol. 73, No. 209 / Tuesday, October 28, 2008 / Notices
security or integrity of this system or
other systems or programs (whether
maintained by the Department or
another agency or entity) that rely upon
the compromised information; and
(c) The disclosure is made to such
agencies, entities and persons who are
reasonably necessary to assist in
connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
[FR Doc. E8–25680 Filed 10–27–08; 8:45 am]
BILLING CODE 4312–52–P
DEPARTMENT OF JUSTICE
ebenthall on PROD1PC60 with NOTICES
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation, and Liability
Act and Resource Conservation and
Recovery Act
Notice is hereby given that on October
20, 2008, a proposed Consent Decree in
United States v. Blue Tee Corp., et al.,
Civil Action No. 6:08–cv–1316, was
lodged with the United States District
Court for the District of Kansas.
In this action, the United States, on
behalf of the United States
Environmental Protection Agency
(‘‘EPA’’), sought the performance of
response actions and the recovery of
certain response costs incurred and to
be incurred as a result of releases and
threatened releases of hazardous
substances from the Treece Subsite of
the Cherokee County Superfund Site
located in Cherokee County, Kansas.
Pursuant to the proposed Consent
Decree, Blue Tee Corp, Gold Fields
Mining, LLC, and The Doe Run
Resources Corporation agree to perform
response actions collectively valued at
approximately $4.6 million, and to pay
certain response costs. The proposed
Consent Decree provides the Settling
Defendants with a covenant not to sue
on the terms set forth therein pursuant
to Sections 106 and 107(a) of CERCLA,
42 U.S.C. 9606 and 9607(a), and Section
7003 of the Resource Conservation and
Recovery Act (‘‘RCRA’’), 42 U.S.C. 6973.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General for the
Environment and Natural Resources
Division, U.S. Department of Justice,
and either emailed to pubcommentees.enrd@usdoj.gov or mailed to P.O.
Box 7611, NW., Washington, DC 20044–
7611, and should refer to United States
v. Blue Tee Corp., et al., D.J. Ref. 90–11–
VerDate Aug<31>2005
15:28 Oct 27, 2008
Jkt 217001
2–06017/1. Commenters may request an
opportunity for a public meeting in the
affected area, in accordance with
Section 7003(d) of RCRA, 42 U.S.C.
6973(d).
The Consent Decree may be examined
at the Office of the United States
Attorney, 1200 Epic Center, 301 N. Main
Street, Wichita, KS 67202–4812, and at
the offices of EPA, Region 7, 901 N. 5th
Street, Kansas City, Kansas 66101.
During the public comment period, the
Consent Decree, may also be examined
on the following Department of Justice
Web site, https://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Consent Decree may also be obtained by
mail from the Consent Decree Library,
P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611 or
by faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $53.25 (25 cents per
page reproduction cost) payable to the
U.S. Treasury or, if by email or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address.
Maureen M. Katz,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. E8–25609 Filed 10–27–08; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Civil Rights Division; Office of Special
Counsel’s Antidiscrimination Guidance
for Employers Following the
Department of Homeland Security’s
Safe-Harbor Procedures
Civil Rights Division, Justice.
Notice.
AGENCY:
ACTION:
SUMMARY: This notice provides guidance
from the Department of Justice’s Office
of Special Counsel for employers
following the Department of Homeland
Security’s Safe-Harbor Procedures
pertaining to the receipt of ‘‘no-match’’
letters from the Social Security
Administration (‘‘SSA’’).
DATES: This notice is effective on
October 28, 2008.
FOR FURTHER INFORMATION CONTACT:
Sarah DeCosse, Office of Special
Counsel for Immigration Related Unfair
Employment Practices, Civil Rights
Division, Department of Justice, P.O.
Box 27728, Washington, DC 20038;
Phone 202–616–5594.
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
63993
The
Department of Homeland Security’s
(‘‘DHS’s’’) Safe-Harbor Procedures for
Employers Who Receive a No-Match
Letter (‘‘no-match rule’’) was published
as a final rule on August 15, 2007 (72
FR 45611). The August 2007 rule was
proposed to be modified by a
Supplemental Proposed Rule that was
published by DHS on March 26, 2008
(73 FR 15944). Elsewhere in this issue
of the Federal Register, DHS is
publishing a Supplemental Final Rule
finalizing its March 2008 Supplemental
Proposed rule.
The DHS’s no-match rule offers
employers who receive no-match letters
from the Social Security Administration
(‘‘SSA’’) a safe-harbor in a relatedimmigration enforcement action if those
employers follow the series of steps set
forth in the no-match rule to ensure that
the information provided by affected
employees to confirm their work
eligibility is genuine. The no-match rule
provides that an employer may
terminate an employee whose work
eligibility could not be confirmed after
the employer has followed the
procedures that the rule sets forth.
Employers in the United States have
inquired and sought information
regarding any antidiscrimination
implications for employers who follow
these safe-harbor procedures;
specifically, when the SSA notifies the
employer that certain employees’ names
and Social Security numbers do not
match in the SSA’s records, the
employer follows the procedures in
DHS’s no-match rule, the employees
cannot resolve the mismatch or
successfully complete a new
employment eligibility verification, and
the employer dismisses those
employees. The Department of Justice
(the Department) issues this notice to
clarify when the Department, through
the Civil Rights Division’s Office of
Special Counsel for Immigration-Related
Unfair Employment Practices (OSC),
may find reasonable cause to believe
that employers following the safe-harbor
procedures have engaged in unlawful
discrimination in violation of the
antidiscrimination provisions of the
Immigration and Nationality Act,
section 274B, which are codified in 8
U.S.C. 1324b.
OSC enforces the antidiscrimination
provisions found at 8 U.S.C. 1324b
(corresponding regulations appear in 28
CFR Parts 44, 68). Section 1324b
protects United States citizens and
certain work-authorized persons from
intentional employment discrimination
based upon citizenship or immigration
status, national origin, and unfair
documentary practices relating to the
SUPPLEMENTARY INFORMATION:
E:\FR\FM\28OCN1.SGM
28OCN1
ebenthall on PROD1PC60 with NOTICES
63994
Federal Register / Vol. 73, No. 209 / Tuesday, October 28, 2008 / Notices
employment eligibility verification
process. The law further prohibits
retaliation against individuals who file
charges with OSC, who cooperate with
an investigation, or who otherwise
assert their rights under section 1324b.
OSC is required to investigate charges
of discrimination alleging a violation of
section 1324b and determine whether or
not there is reasonable cause to believe
that the charge is true. OSC may, on its
own initiative, also conduct
investigations respecting unfair
immigration-related employment
practices. It is OSC’s longstanding
practice to examine the totality of
relevant circumstances in determining
whether there is reasonable cause to
believe that an employer has engaged in
unlawful discrimination. Based upon
the outcome of its investigation, OSC
may bring a complaint before an
administrative law judge seeking
remedial relief for victims, injunctive
relief to prevent future violations, and/
or civil penalties. Section 1324b also
provides a private right of action.
As a threshold matter, if OSC receives
an allegation of discrimination by an
employer in applying the safe-harbor
procedures, it will first ascertain
whether the alleged victim is an
authorized worker who is protected
from discrimination under section
1324b. If it concludes that the alleged
victim is protected, OSC will initiate an
investigation to determine whether
there is reasonable cause to believe that
the employer has engaged in unlawful
discrimination.
An employer that receives an SSA nomatch letter and terminates employees
without attempting to resolve the
mismatches, or who treats employees
differently or otherwise acts with the
purpose or intent to discriminate based
upon national origin or other prohibited
characteristics, may be found by OSC to
have engaged in unlawful
discrimination. However, if an employer
follows all of the safe-harbor procedures
outlined in DHS’s no-match rule but
cannot determine that an employee is
authorized to work in the United States,
and therefore terminates that employee,
and if that employer applied the same
procedures to all employees referenced
in the no-match letter(s) uniformly and
without the purpose or intent to
discriminate on the basis of actual or
perceived citizenship status or national
origin, then OSC will not find
reasonable cause to believe that the
employer has violated section 1324b’s
antidiscrimination provision, and that
employer will not be subject to suit by
the United States under that provision.
Employers and employees who desire
additional guidance regarding their
VerDate Aug<31>2005
15:28 Oct 27, 2008
Jkt 217001
specific circumstances are encouraged
to further explore OSC’s Web site.
Employer and employees also may call
OSC for guidance. Employers may call
1–800–255–8155, or 1–800–237–2515
for the hearing impaired. The numbers
for employees are 1–800–255–7688 or
(202) 616–5525, and 1–800–237–2515
for the hearing impaired. Finally, OSC
has an extensive public education
program to inform employers and
employees regarding their rights and
duties under section 1324b. Speakers
may be available nationwide for groups
of 50 or more attendees for public affairs
events, conferences, class seminars, and
workshops. To request a speaker, please
call OSC’s Public Affairs staff at (202)
616–5594 or fax your request to (202)
616–5509.
Dated: October 20, 2008.
Grace Chung Becker,
Acting Assistant Attorney General for Civil
Rights.
[FR Doc. E8–25723 Filed 10–27–08; 8:45 am]
BILLING CODE 4410–13–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Importer of Controlled Substances;
Notice of Registration
By Notice dated July 30, 2008 and
published in the Federal Register on
August 6, 2008 (73 FR 45781),
Boehringer Ingelheim Chemicals, Inc.,
2820 N. Normandy Drive, Petersburg,
Virginia 23805, made application by
renewal to the Drug Enforcement
Administration (DEA) to be registered as
an importer of Phenylacetone (8501), a
basic class of controlled substance listed
in schedule II.
The company plans to import the
listed controlled substance to bulk
manufacture amphetamine.
No comments or objections have been
received. DEA has considered the
factors in 21 U.S.C. 823(a) and 952(a)
and determined that the registration of
Boehringer Ingelheim Chemicals, Inc. to
import the basic class of controlled
substance is consistent with the public
interest, and with United States
obligations under international treaties,
conventions, or protocols in effect on
May 1, 1971, at this time. DEA has
investigated Boehringer Ingelheim
Chemicals, Inc. to ensure that the
company’s registration is consistent
with the public interest. The
investigation has included inspection
and testing of the company’s physical
security systems, verification of the
company’s compliance with state and
local laws, and a review of the
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
company’s background and history.
Therefore, pursuant to 21 U.S.C. 952(a)
and 958(a), and in accordance with 21
CFR 1301.34, the above named company
is granted registration as an importer of
the basic class of controlled substance
listed.
Dated: October 21, 2008.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration.
[FR Doc. E8–25650 Filed 10–27–08; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Importer of Controlled Substances
Notice of Registration
By Notice dated July 29, 2008, and
published in the Federal Register on
August 6, 2008, (73 FR 45779), Almac
Clinical Services Inc. (ACSI), 2661
Audubon Road, Audubon, Pennsylvania
19403, made application by renewal to
the Drug Enforcement Administration
(DEA) to be registered as an importer of
the basic classes of controlled
substances listed in schedule II:
Drug
Oxycodone (9143) ........................
Fentanyl (9801) .............................
Schedule
II
II
The company plans to import small
quantities of the listed controlled
substances in dosage form to conduct
clinical trials.
No comments or objections have been
received. DEA has considered the
factors in 21 U.S.C. 823(a) and 952(a)
and determined that the registration of
Almac Clinical Services Inc. (ACSI) to
import the basic classes of controlled
substances is consistent with the public
interest, and with United States
obligations under international treaties,
conventions, or protocols in effect on
May 1, 1971, at this time. DEA has
investigated Almac Clinical Services,
Inc. (ACSI) to ensure that the company’s
registration is consistent with the public
interest. The investigation has included
inspection and testing of the company’s
physical security systems, verification
of the company’s compliance with state
and local laws, and a review of the
company’s background and history.
Therefore, pursuant to 21 U.S.C. 952(a)
and 958(a), and in accordance with 21
CFR 1301.34, the above named company
is granted registration as an importer of
the basic classes of controlled
substances listed.
E:\FR\FM\28OCN1.SGM
28OCN1
Agencies
[Federal Register Volume 73, Number 209 (Tuesday, October 28, 2008)]
[Notices]
[Pages 63993-63994]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25723]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Civil Rights Division; Office of Special Counsel's
Antidiscrimination Guidance for Employers Following the Department of
Homeland Security's Safe-Harbor Procedures
AGENCY: Civil Rights Division, Justice.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice provides guidance from the Department of Justice's
Office of Special Counsel for employers following the Department of
Homeland Security's Safe-Harbor Procedures pertaining to the receipt of
``no-match'' letters from the Social Security Administration (``SSA'').
DATES: This notice is effective on October 28, 2008.
FOR FURTHER INFORMATION CONTACT: Sarah DeCosse, Office of Special
Counsel for Immigration Related Unfair Employment Practices, Civil
Rights Division, Department of Justice, P.O. Box 27728, Washington, DC
20038; Phone 202-616-5594.
SUPPLEMENTARY INFORMATION: The Department of Homeland Security's
(``DHS's'') Safe-Harbor Procedures for Employers Who Receive a No-Match
Letter (``no-match rule'') was published as a final rule on August 15,
2007 (72 FR 45611). The August 2007 rule was proposed to be modified by
a Supplemental Proposed Rule that was published by DHS on March 26,
2008 (73 FR 15944). Elsewhere in this issue of the Federal Register,
DHS is publishing a Supplemental Final Rule finalizing its March 2008
Supplemental Proposed rule.
The DHS's no-match rule offers employers who receive no-match
letters from the Social Security Administration (``SSA'') a safe-harbor
in a related-immigration enforcement action if those employers follow
the series of steps set forth in the no-match rule to ensure that the
information provided by affected employees to confirm their work
eligibility is genuine. The no-match rule provides that an employer may
terminate an employee whose work eligibility could not be confirmed
after the employer has followed the procedures that the rule sets
forth.
Employers in the United States have inquired and sought information
regarding any antidiscrimination implications for employers who follow
these safe-harbor procedures; specifically, when the SSA notifies the
employer that certain employees' names and Social Security numbers do
not match in the SSA's records, the employer follows the procedures in
DHS's no-match rule, the employees cannot resolve the mismatch or
successfully complete a new employment eligibility verification, and
the employer dismisses those employees. The Department of Justice (the
Department) issues this notice to clarify when the Department, through
the Civil Rights Division's Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC), may find reasonable cause to
believe that employers following the safe-harbor procedures have
engaged in unlawful discrimination in violation of the
antidiscrimination provisions of the Immigration and Nationality Act,
section 274B, which are codified in 8 U.S.C. 1324b.
OSC enforces the antidiscrimination provisions found at 8 U.S.C.
1324b (corresponding regulations appear in 28 CFR Parts 44, 68).
Section 1324b protects United States citizens and certain work-
authorized persons from intentional employment discrimination based
upon citizenship or immigration status, national origin, and unfair
documentary practices relating to the
[[Page 63994]]
employment eligibility verification process. The law further prohibits
retaliation against individuals who file charges with OSC, who
cooperate with an investigation, or who otherwise assert their rights
under section 1324b.
OSC is required to investigate charges of discrimination alleging a
violation of section 1324b and determine whether or not there is
reasonable cause to believe that the charge is true. OSC may, on its
own initiative, also conduct investigations respecting unfair
immigration-related employment practices. It is OSC's longstanding
practice to examine the totality of relevant circumstances in
determining whether there is reasonable cause to believe that an
employer has engaged in unlawful discrimination. Based upon the outcome
of its investigation, OSC may bring a complaint before an
administrative law judge seeking remedial relief for victims,
injunctive relief to prevent future violations, and/or civil penalties.
Section 1324b also provides a private right of action.
As a threshold matter, if OSC receives an allegation of
discrimination by an employer in applying the safe-harbor procedures,
it will first ascertain whether the alleged victim is an authorized
worker who is protected from discrimination under section 1324b. If it
concludes that the alleged victim is protected, OSC will initiate an
investigation to determine whether there is reasonable cause to believe
that the employer has engaged in unlawful discrimination.
An employer that receives an SSA no-match letter and terminates
employees without attempting to resolve the mismatches, or who treats
employees differently or otherwise acts with the purpose or intent to
discriminate based upon national origin or other prohibited
characteristics, may be found by OSC to have engaged in unlawful
discrimination. However, if an employer follows all of the safe-harbor
procedures outlined in DHS's no-match rule but cannot determine that an
employee is authorized to work in the United States, and therefore
terminates that employee, and if that employer applied the same
procedures to all employees referenced in the no-match letter(s)
uniformly and without the purpose or intent to discriminate on the
basis of actual or perceived citizenship status or national origin,
then OSC will not find reasonable cause to believe that the employer
has violated section 1324b's antidiscrimination provision, and that
employer will not be subject to suit by the United States under that
provision.
Employers and employees who desire additional guidance regarding
their specific circumstances are encouraged to further explore OSC's
Web site. Employer and employees also may call OSC for guidance.
Employers may call 1-800-255-8155, or 1-800-237-2515 for the hearing
impaired. The numbers for employees are 1-800-255-7688 or (202) 616-
5525, and 1-800-237-2515 for the hearing impaired. Finally, OSC has an
extensive public education program to inform employers and employees
regarding their rights and duties under section 1324b. Speakers may be
available nationwide for groups of 50 or more attendees for public
affairs events, conferences, class seminars, and workshops. To request
a speaker, please call OSC's Public Affairs staff at (202) 616-5594 or
fax your request to (202) 616-5509.
Dated: October 20, 2008.
Grace Chung Becker,
Acting Assistant Attorney General for Civil Rights.
[FR Doc. E8-25723 Filed 10-27-08; 8:45 am]
BILLING CODE 4410-13-P