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]

Download as PDF 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]


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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
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