From the Office of Special Counsel: Anatomy of an OSC Investigation
The phone rings.
"Hello, this is Attorney Smith with the Office of Special Counsel for Immigration-Related Unfair Employment Practices, may I speak to the Human Resource manager in charge of your Form I-9 process?"
You say to yourself, “This is not good. I have no idea what this government agency is — Office of the Special Counsel for...what?” Your gut confirms: this does not sound good at all.
"This is she. I'm sorry, you are with whom?"
"The Office of Special Counsel for Immigration-Related Unfair Employment Practices...the OSC. I'm calling about a complaint our office received regarding your company re-verifying Permanent Residents, requiring applicants to complete Forms I-9 before you offer them employment and, last but not least, asking certain employees to bring in Social Security cards."
You ask yourself, “Is this as serious as it sounds? What do I do now?”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act (INA). Investigations by the OSC should be taken very seriously. Our recent GT Alert reviews how the OSC investigates charges - including several examples - and the compliance strategies that companies should consider.
