[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR44.200]

[Page 10]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 44--UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES--Table of Contents
 
                     Subpart B--Prohibited Practices
 
Sec. 44.200  Unfair immigration-related employment practices.


    (a)(1) General. It is unfair immigration-related employment practice 
for a person or other entity to knowingly and intentionally discriminate 
or to engage in a pattern or practice of knowing and intentional 
discrimination against any individual (other than an unauthorized alien) 
with respect to the hiring, or recruitment or referral for a fee, of the 
individual for employment or the discharging of the individual from 
employment--
    (i) Because of such individual's national origin; or
    (ii) In the case of a protected individual, as defined in 
Sec. 44.101(c), because of such individual's citizenship status.
    (2) Intimidation or retaliation. It is an unfair immigration-related 
employment practice for a person or other entity to intimidate, 
threaten, coerce, or retaliate against any individual for the purpose of 
interfering with any right or privilege secured under 8 U.S.C. 1324b or 
because the individual intends to file or has filed a charge or a 
complaint, testified, assisted, or participated in any manner in an 
investigation, proceeding, or hearing under that section.
    (3) Documentation abuses. A person's or other entity's request, for 
purposes of satisfying the requirements of 8 U.S.C. 1324a(b), for more 
or different documents than are required under such section or refusing 
to honor documents tendered that on their face reasonably appear to be 
genuine and to relate to the individual shall be treated as an unfair 
immigration-related employment practice relating to the hiring of 
individuals.
    (b) Exceptions. (1) Paragraph (a) of this section shall not apply 
to--
    (i) A person or other entity that employs three or fewer employees;
    (ii) Discrimination because of an individual's national origin if 
the discrimination with respect to that person or entity and that 
individual is covered under 42 U.S.C. 2000e-2; or
    (iii) Discrimination because of citizenship which--
    (A) Is otherwise required in order to comply with law, regulation, 
or Executive Order; or
    (B) Is required by Federal, State, or local government contract; or
    (C) Which the Attorney General determines to be essential for an 
employer to do business with an agency or department of the Federal, 
State, or local government.
    (2) Notwithstanding any other provision of this part, it is not an 
unfair immigration-related employment practice for a person or other 
entity to prefer to hire, recruit or refer for a fee an individual who 
is a citizen or national of the United States over another individual 
who is an alien if the two individuals are equally qualified.

[Order No. 1225-87, 52 FR 37409, Oct. 6, 1987, as amended by Order No. 
1520-91, 56 FR 40249, Aug. 14, 1991; Order No. 1807-93, 58 FR 59948, 
Nov. 12, 1993]