DOJ, Mar. 8, 2012: "The Justice Department announced today the launch of an educational
video reminding employers that Salvadorans with Temporary Protected
Status (TPS) may continue working beyond the March 9, 2012, expiration
date of their Employment Authorization Documents.
This announcement by the Office of Special Counsel for
Immigration-Related Unfair Employment Practices (OSC) informs employers
that they can continue to employ workers with TPS from El Salvador and
at the same time avoid claims of discrimination in the employment
eligibility reverification process. TPS is a temporary immigration
benefit allowing qualified individuals from designated countries who are
in the U.S. to stay here for a limited time period, due to conditions
such as on-going armed conflict, environmental disaster or other
extraordinary and temporary conditions in the designated country.
Individuals with TPS can obtain employment authorization documents to
work legally in the United States. Often, when the Department of
Homeland Security (DHS) announces an extension to TPS, it also
automatically extends TPS workers’ Employment Authorization Documents.
Employers may become confused by this automatic extension because it
creates an exception to the rule that Employment Eligibility
Verification Form I-9 documents must be unexpired. DHS has
automatically extended Employment Authorization documents for
individuals with TPS from El Salvador until September 9, 2012.
OSC enforces the anti-discrimination provision of the Immigration and
Nationality Act (INA), which requires employers to treat all authorized
workers in the same manner with respect to hiring, firing or recruitment
or referral for a fee, regardless of their citizenship status or
national origin. The law also prohibits discrimination during the Form
I-9 and E-Verify processes. OSC runs a hotline, which generally
receives an uptick in calls from employers and employees concerning TPS
near the expiration date on the face of the Employment Authorization
Documents that have been automatically extended. The video is an
attempt to educate employers and prevent potential claims of
discrimination from work-authorized individuals losing their jobs.
The video may be viewed at www.justice.gov/crt/pressroom/videos.php?group=3. “We
hope this video will help employers across the country understand
employment eligibility verification rules and will allow work-authorized
workers to maintain their employment,” said Thomas E. Perez, Assistant
Attorney General for the Civil Rights Division. “Federal law prohibits
discrimination in the employment eligibility verification process, and
the Justice Department is committed to enforcing the law.”
OSC also offers live webinars on avoiding workplace discrimination. To participate in a webinar, sign up online at www.justice.gov/crt/about/osc/webinars.php.
For more information about protections against employment
discrimination under the immigration law, call OSC’s worker hotline at:
1-800-255-7688 (1-800-237-2525, TDD for the hearing impaired); call
OSC’s employer hotline at: 1-800-255-8155 (1-800-362-2735, TDD for the
hearing impaired); send e-mail to: email@example.com; or visit OSC’s website at www.justice.gov/crt/about/osc."