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[Federal Register: March 5, 2003 (Volume 68, Number 43)]
[Page 10487-10489]
From the Federal Register Online via GPO Access []



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, U.S. Department of 

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 unfair 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 qualified 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: April 21, 2003.

FOR FURTHER INFORMATION CONTACT: Lilia Iraizarry, Office of Special 
Counsel for Immigration Related Unfair Employment Practices, 950 
Pennsylvania Ave., Washington, DC 20530. 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.
    Background: The Immigration and Nationality Act protects worker-
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 criminal prosecution.
    Employers of four or more employees are prohibited from 
discriminating on the basis of citizenship status or national origin in 
hiring, firing, recruitment and referral for a fee, and engaging in 
document abuse in the employment eligibility verification process on 
the basis of national origin or citizenship status.
    U.S. citizens and certain classes of work authorized individuals 
are protected from citizenship status discrimination. Protected non-
citizens include:
    [sbull] Temporary Residents;
    [sbull] Lawful Permanent Residents;
    [sbull] Refugees; and
    [sbull] Asylees.
    Citizens and all work authorized individuals are protected from 
discrimination on the basis of national origin. However, under INA this 
prohibition applies only to employers with four to fourteen employees. 
National original discrimination complaints against employers with 
fifteen or more employees are under the jurisdiction of the Equal 
Employment Opportunity Commission pursuant to Title VII of the Civil 
Rights Act of 1964, U.S.C. 2000e, et seq.
    In addition, under the comment abuse provision of the law, 
employers cannot request more or different documents than are required 
by the Immigration and Naturalization Service (INS) for completion of 
the Employment Eligibility Verification (I-9) Form or prefer or require 
one form of documentation over another, if made for the purpose or with 
the intent of discriminating against an individual on the basis of 
national origin or citizenship status.
    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 
individual 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 
    Purpose: 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.

[[Page 10488]]

    Program Description: 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. 
Application may propose to educate potential victims only, employers 
only, or both in a single campaign. Program budgets 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 qualification 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 

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 crucial 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.
    Selection Criteria: 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 applications 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

[[Page 10489]]

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.
    Eligible Applicants: This grant competition is open to nonprofit 
organizations, including labor organizations, employer groups and state 
and local government agencies.
    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.
    Publication 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, 2003.
    Application Deadline: All applications must be received by 6 p.m. 
EDT, April 21, 2003. 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.
    Application Requirements: 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 the 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, subcontracts, 
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 the 
    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:
 In order to facilitate handling, please do not use covers, 

binders or tabs.

    Dated: February 27, 2003.
Katherine A. Baldwin,
Deputy Special Counsel for Immigration, Related Unfair Employment 
[FR Doc. 03-5090 Filed 3-4-03; 8:45 am]