[Federal Register: April 4, 2002 (Volume 67, Number 65)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF JUSTICE
Civil Rights Division; Office of Special Counsel, for Immigration
Related, Unfair Employment Practices; Immigration Related Employment
Discrimination; Public Education Grants
AGENCY: Office of Special Counsel for Immigration Related Unfair
Employment Practices, Civil Rights Division, Department of Justice.
ACTION: Notice of availability of funds and solicitation for grant
SUMMARY: The Office of Special Counsel for Immigration Related Unfair
Employment Practices (OSC) announces the availability of funds for
grants to conduct public education programs about the rights afforded
potential victims of employment discrimination and the responsibilities
of employers under the antidiscrimination provisions of the Immigration
and Nationality Act (INA), 8 U.S.C. 1324b.
It is anticipated that a number of grants will be competitively
awarded to applicants who can demonstrate a capacity to design and
successfully implement public education campaigns to combat immigration
related employment discrimination. Grants will range in size from
$40,000 to $100,000.
OSC will accept proposals from applicants who have access to
potential victims of discrimination or whose experience qualifies them
to educate workers, employers and the general public about the
antidiscrimination provisions of the INA. OSC welcomes proposals from
diverse nonprofit organizations such as local, regional or national
ethnic and immigrants' rights advocacy organizations, labor
organizations, trade associations, industry groups, professional
organizations, or other nonprofit entities, including state and local
government agencies, providing information services to potential
victims of discrimination and/or employers.
Application Due Date: May 20, 2002.
FOR FURTHER INFORMATION CONTACT: Patita McEvoy, Public Affairs
Specialist, Office of Special Counsel for Immigration Related Unfair
Employment Practices, 1425 New York Ave., NW., Suite 9000, P.O. Box
27728, Washington, DC 20038-7728. Tel (202) 616-5594, or (202) 616-5525
(TDD for the hearing impaired). OSC's e-mail address is:
SUPPLEMENTARY INFORMATION: The Office of Special Counsel for
Immigration Related Unfair Employment Practices of the Civil Rights
Division of the Department of Justice announces the availability of
funds to conduct cost-effective public education programs concerning
the antidiscrimination provisions of INA. Funds will be awarded to
selected applicants who propose cost-effective ways of educating
employers, workers covered by this statute, and/or the general public.
The Immigration and Nationality Act protects work-authorized
individuals from employment discrimination based on their citizenship
status and/or national origin. Federal law also makes knowingly hiring
unauthorized workers unlawful, and requires employers to verify the
identity and work authorization of all new employees. Employers who
violate this law are subject to sanctions, including fines and possible
Employers of four or more employees are prohibited from
discriminating on the basis of citizenship status or national origin in
hiring, firing, recruitment or referral for a fee, and prohibits
employers from engaging in document abuse in the employment eligibility
U.S. citizens and certain classes of work authorized individuals
are protected from citizenship status discrimination. Protected non-
Legal Permanent Residents;
Citizens and all work authorized individuals are protected from
discrimination on the basis of national origin. However, this
prohibition applies only to employers with four to fourteen employees.
National origin discrimination complaints against employers with
fifteen or more employees remain under the jurisdiction of the Equal
Employment Opportunity Commission pursuant to Title VII of the Civil
Rights Act of 1964, 42 U.S.C. 2000e, et seq.
In addition, under the document abuse provision of the law,
employers must accept all forms of work authorization and proof of
identity allowed by the Immigration and naturalization Service (INS)
for completion of the Employment Eligibility Verification (I-9) Form.
Employers may not prefer or require one form of documentation over
another for hiring purposes. Requiring more or specific documents to
prove identity and work authorization may constitute document abuse.
OSC is responsible for receiving and investigating discrimination
charges and, when appropriate, filing complaints with specially
designated administrative law judges. OSC also initiates independent
investigations of possible immigration related job discrimination.
While OSC has established a record of vigorous enforcement, studies
by the U.S. General Accounting Office and other sources have shown that
there is an extensive lack of knowledge on the part of protected
individuals and employers about the antidiscrimination provisions of
the INA. Enforcement cannot be effective if potential victims of
discrimination are not aware of their rights. Moreover, discrimination
can never be eradicated so long as employers are not aware of their
OSC seeks to educate both workers and employers about their rights
and responsibilities under the antidiscrimination provisions of INA.
Because previous grantees have developed a wealth of materials (e.g.,
brochures, posters, booklets, information packets and videos) to
educate these groups, OSC has determined that the main focus of the
program should be on the actual delivery of these materials to educate
further both potential victims and employers. OSC seeks proposals that
will use existing materials effectively to educate large numbers of
workers or employers about exercising their rights or fulfilling their
obligations under the antidiscrimination provisions. OSC will, of
course, consider any proposal that articulates and substantiates other
creative means of reaching these populations.
The program is designed to develop and implement cost-effective
approaches to educate potential victims of employment discrimination
about their rights and to educate employers about their
responsibilities under INA's antidiscrimination provisions.
Applications may propose to educate potential victims only, employers
only, or both in a single campaign. Program budgets must include the
travel, lodging and other expenses necessary for up to two program
staff members to attend the mandatory OSC grantee training (2 days)
held in Washington, DC at the beginning
of the grant period (late autumn). Proposals should outline the
following key elements of the program:
Part I: Intended Audience(s)
The educational efforts under the grant should be directed to (1)
work-authorized non-citizens who are protected individuals, since this
group is especially vulnerable to employment discrimination; (2) those
citizens who are most likely to become victims of employment
discrimination; and/or (3) employers, especially small businesses. The
proposals should define the characteristics of the work authorized
population or the employer group(s) intended to be the focus of the
educational campaign, and the applicant's qualifications to reach
credibly and effectively large segments of the intended audience(s).
The proposals should also detail the reasons for focusing on each
group of protected individuals or employers by describing particular
needs or other factors to support the selection. In defining the
campaign focuses and supporting the reasons for the selection,
applicants may use census data, studies, surveys, or any other sources
of information of generally accepted reliability.
Part II: Campaign Strategy
We encourage applicants to devise effective and creative means of
public education and information dissemination that are specifically
designed to reach the widest possible intended audience. Those
applicants proposing educational campaigns addressing potential victims
of discrimination should keep in mind that some of the traditional
methods of public communication may be less than optimal for educating
members of national or linguistic groups that have limited community-
based support and communication networks.
Grants are an important component of OSC partnerships to better
serve the public, employers and potential discrimination victims.
Grantees should plan to include OSC attorneys and other professional
staff in public outreach programs in order to more successfully reach
their audiences and prevent discrimination before it occurs or combat
it where it exists.
Some grantees who are conducting citizenship campaigns have, in the
past, combined those efforts and resources with the INA
antidiscrimination education campaigns in order to maximize the scope
and breadth of the project and to reach a larger number of individuals.
Applicants proposing to combine these efforts should discuss how the
programs will interact and how the budgets will be administered.
Proposals should discuss the components of the campaign strategy,
detail the reasons supporting the choice of each component, and explain
how each component will effectively contribute to the overall objective
of cost-effective dissemination of useful and accurate information to a
wide audience of protected individuals or employers. Discussions of the
campaign strategies and supporting rationale should be clear, concise,
and based on sound evidence and reasoning.
Since there presently exists a wealth of materials for use in
educating the public, applicants should include in their budget
proposals the costs for distribution of materials received from OSC or
from current/past OSC grantees.
To the extent that applicants believe the development of
original materials particularly suited to their campaign is
necessary, their proposal should articulate in detail the
circumstances requiring the development of such materials. All such
materials must be approved by OSC prior to production to ensure
legal accuracy and proper emphasis. Proposed revisions/translations
of OSC-approved materials must also be submitted for clearance. All
information distributed should also identify OSC as a source of
assistance, information and action, and include the correct address
and telephone numbers of OSC, (including the toll-free numbers, TDD
numbers) and OSC e-mail and Internet addresses.
Part III: Evaluation of the Strategy
One of the central goals of this program is determining what public
education strategies are most effective and thus, should be included in
future public education efforts. Therefore, it is critical that the
methods of evaluating the campaign strategy and public education
materials and their results be carefully detailed. A full evaluation of
a project's effectiveness is due within 60 days of the conclusion of a
campaign. Interim evaluation/activity reports are due at least
quarterly, or more frequently as needed throughout the grant year.
The final selection of grantees for award will be made by the
Special Counsel for Immigration Related Unfair Employment Practices.
A panel made up of OSC staff will review and rate the applications
and make recommendations to the Special Counsel regarding funding. The
panel's results are advisory in nature and not binding on the Special
Counsel. Letters of support, endorsement, or recommendation are not
part of the grant application process and will not be considered.
In determining which application to fund, OSC will consider the
following (based on a one-hundred point scale):
1. Program Design (50 points)
Sound program design and cost-effective strategies for educating
the intended population are imperative. Consequently, areas that will
be closely examined include the following:
a. Evidence of in-depth knowledge of the goals and objectives of
the project. (10 points)
b. Selection and definition of the intended audience(s) for the
campaign, and the factors that support the selection, including special
needs, and the applicant's qualifications to reach effectively the
intended audience(s). (15 points)
c. A cost-effective campaign strategy for educating employers and/
or members of the protected class, with a justification for the choice
of strategy, including the degree to which the campaign has prevented
immigration related unfair employment practices and has reached
individuals with such claims. (15 points)
d. The evaluation methods proposed by the applicant to measure the
effectiveness of the campaign and their precision in indicating to what
degree the campaign is successful. (10 points)
2. Administrative Capability (20 points)
Proposals will be rated in terms of the capability of the applicant
to define the intended audience, reach it and implement the public
education and evaluation components of the campaign:
a. Evidence of proven ability to provide high quality results. (10
b. Evidence that the applicant can implement the campaign, and
complete the evaluation component within the time lines provided. (10
Note: OSC's experience during previous grant cycles has shown
that a number of applicants choose to apply as a consortium of
individual entities; or, if applying individually, propose the use
of subcontractors to undertake certain limited functions. It is
essential that these applicants demonstrate the proven management
capability and experience to ensure that, as lead agency, they will
be directly accountable for the successful implementation,
completion, and evaluation of the project.
3. Staff Capability (10 points)
Applications will be evaluated in terms of the degree to which:
a. The duties outlined for grant-funded positions appear
appropriate to the work that will be conducted under the award. (5
b. The qualifications of the grant-funded positions appear to match
the requirements of these positions. (5 points)
Note: If the grant project manager or other member of the
professional staff is to be hired later as part of the grant, or
should there be any change in professional staff during the grant
period, hiring is subject to review and approval by OSC at that
4. Previous Experience (20 points)
The proposals will be evaluated on the degree to which the
applicant demonstrates that it has successfully carried out programs or
work of a similar nature in the past.
This grant competition is open to nonprofit organizations,
including labor organizations, employer groups and state and local
Grant Period and Award Amount
It is anticipated that several grants will be awarded and will
range in size from $40,000 to $100,000.
Publications of this announcement does not require OSC to award any
specific number of grants, or to obligate all or any part of available
funds. The period of performance will be twelve months from the date of
the grant award, in most cases beginning October 1, 2002.
All applications must be received by 6 PM EDT, May 20, 2002. If
using regular first-class mail, send to: U.S.Department of Justice,
Civil Rights Division, Office of Special Counsel for Immigration
Related Unfair Employment Practices, 950 Pennsylvania Avenue NW.,
Washington, DC 20530. If using messengers, overnight or priority mail,
send to: Office of Special Counsel for Immigration Related Unfair
Employment Practices, U.S. Department of Justice, 1425 New York Ave.,
NW., Suite 9000, Washington, DC 20005. Applications may not be
submitted via facsimile machine.
Applicants should submit an original and two (2) copies of their
completed proposal by the deadline established above. All submissions
must contain the following items in the order listed below:
1. A completed and signed Application for Federal Assistance
(Standard Form 424).
Note: The Catalogue of Federal Domestic Assistance number is
16.110 and the title is, Education & Enforcement of the
Antidiscrimination Provisions of the Immigration and Nationality
Act, (box #10 of the SF 424).
2. OJP Form 4061/6 (Certification Regarding Lobbying; Debarment,
Suspension and Other Responsibility Matters; and Drug-Free Workplace
3. Disclosure Form to Report Lobbying (SF LLL).
4. OJP Form 4000/3 (Assurances).
5. An abstract of the full proposal, not to exceed one page.
6. A program narrative of not more than fifteen (15) double-spaced
typed pages that includes the following:
a. A clear statement describing the approach and strategy to be
used to complete the tasks identified in the program description;
b. A clear statement of the proposed goals and objectives,
including a listing of the major events, activities, products and
timetables for completion and the extent of OSC participation in
grantee outreach events;
c. The proposed staffing plan. Note: If grant project manager or
other professional staff member is to be hired later as part of the
grant, or should there be a change in professional staff, hiring is
subject to review and approval by OSC at that time; and
d. Description of how the project will be evaluated.
7. A proposed budget outlining all direct and indirect costs for
personnel, fringe benefits, travel, equipment, supplies,
subcontractors, and a short narrative justification of each budgeted
line item cost. If an indirect cost rate is used in the budget, then a
copy of a current fully executed agreement between the applicant and
the cognizant Federal agency must accompany the budget.
Note: Program budgets must include the travel, lodging and other
expenses necessary for not more than two program staff members to
attend the mandatory OSC grantee training (2 days) held in
Washington, DC at the beginning of the grant period (late Autumn).
8. Copies of resumes of the professional staff proposed in budget.
Application forms may be obtained by writing or telephoning: U.S.
Department of Justice, Civil Rights Division, Office of Special Counsel
for Immigration Related Unfair Employment Practices, 950 Pennsylvania
Avenue NW., Washington, DC 20530. Tel. (202) 616-5594, or (202) 616-
5525 (TDD for the hearing impaired). This announcement and the required
forms will also appear on the World Wide Web at www.usdoj.gov/crt/osc/
In order to facilitate handling, please do not use covers, binders or
Dated: March 28, 2002.
Juan Carlos Benitez,
Special Counsel for Immigration, Related Unfair Employment Practices.
[FR Doc. 02-8110 Filed 4-3-02; 8:45 am]
BILLING CODE 4410-13-M
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