I

103D CONGRESS

2D SESSION H. R. 4053

To expand the scope of unfair immigration-related employment practices

and protections under the Immigration and Nationality Act.

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 1994

Mr. BECERRA (for himself, Mr. BEILENSON, Mr. BERMAN, Mr. FARR of California, Mr. FILNER, Ms. ROYBAL-ALLARD, Mr. TORRES, Mr. DELLUMS,

Mr. DIXON, Mr. SERRANO, Ms. VELA ́ZQUEZ, and Mr. PASTOR) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To expand the scope of unfair immigration-related employment practices and protections under the Immigration

and Nationality Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Immigration-Related

5 Employment Anti-Discrimination Enhancement and

6 Enforcement Act of 1994’’.
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1 SEC. 2. TERMS AND CONDITIONS OF EMPLOYMENT.

2 Section 274B of the Immigration and Nationality Act

3 (8 U.S.C. 1324b) is amended—

4 (1) in subsection (a)(1) by inserting ‘‘terms and

5 conditions of employment,’’ after ‘‘hiring,’’;

6 (2) in subsection (a)(2) by inserting ‘‘, or to

7 give preferential terms and conditions of employ8 ment to,’’ after ‘‘refer’’;

9 (3) in subsection (g)(2)(D) by striking ‘‘employ10 ment,’’ and inserting ‘‘employment or the terms and

11 conditions of employment,’’; and

12 (4) in subsection (k)(1) by inserting ‘‘terms and

13 conditions of employment,’’ and ‘‘hiring,’’.

14 SEC. 3. DISPARATE IMPACT CLAIMS.

15 Section 274B(d)(2) of the Immigration and National16 ity Act (8 U.S.C. 1324b(d)(2)) is amended by inserting

17 ‘‘, causes a disparate impact on the basis of an unfair im18 migration-related employment practice,’’ after ‘‘inten19 tional discriminatory activity’’.

20 SEC. 4. COMPENSATORY AND PUNITIVE DAMAGES AS REM21 EDIES.

22 Section 274B(g)(2)(B) of the Immigration and Na23 tionality Act (8 U.S.C. 1324b(g)(2)(B)) is amended—

24 (1) at the end of clause (vii) by striking ‘‘and’’;

25 (2) at the end of clause (viii) by striking the pe26 riod and inserting ‘‘; and’’; and
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1 (3) by adding after clause (viii) the following

2 new clause:

3 ‘‘(ix) to pay compensatory and puni4 tive damages to individuals directly and

5 adversely affected.’’.

6 SEC. 5. LIMITATION ON BACK PAY REMEDY.

7 Section 274B(g)(2)(C) of the Immigration and Na8 tionality Act (8 U.S.C. 1324b(g)(2)(C)) is amended by

9 striking the first sentence.

10 SEC. 6. DEFINITION OF PROTECTED INDIVIDUAL.

11 Section 274B(a)(3)(B)(i) of the Immigration and Na12 tionality Act (8 U.S.C. 1324b(a)(3)(B)(i)) is amended to

13 read as follows: ‘‘(i) an alien who fails to apply for natu14 ralization within 90 days after filing a citizenship status

15 discrimination charge with the Office of Special Counsel

16 if the alien is a lawful permanent resident and is eligible

17 (by virtue of a period of lawful permanent residence) to

18 apply for naturalization and’’.

19 SEC. 7. AUTHORIZATION OF ADDITIONAL APPROPRIATION

20 FOR IMMIGRATION-RELATED EMPLOYMENT

21 ANTIDISCRIMINATION ENFORCEMENT.

22 There are authorized to be appropriated for fiscal

23 year 1994 $10,000,000 to increase the number of inves24 tigators and testers, and to expand outreach activities for
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1 employers and protected individuals under section 274B

2 of the Immigration and Nationality Act.

3 SEC. 8. EFFECTIVE DATE.

4 The amendments made by this Act shall take effect

5 the date of enactment.

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