Page:United States Statutes at Large Volume 104 Part 6.djvu/665

 PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5055 (A) by striking "is an alien" and all that follows through "but does not" and inserting "is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 210(a), 210A(a), or 245A(a)(l), is admitted as a refugee under section 207, or is granted asylum under section 208; but does not", and (B) by striking "(I)" and "(II)" and inserting "(i)" and "(ii)", respectively. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to unfair immigration-related employment practices occurring before, on, or after the date of the enactment of this Act. SEC. 534. ANTI-RETALIATION PROTECTIONS. (a) CODIFICATION OF REGULATION.— Section 274B(a) (8 U.S.C. 1324b(a)) is amended by adding at the end the following: "(5) PROHIBITION OF INTIMIDATION OR RETAUATION.— It is also 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 this section 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 this section. An individual so intimidated, threatened, coerced, or retaliated against shall be considered, for purposes of subsections (d) and (g), to have been discriminated against.". (b) EFFECTIVE DATE. —The amendment made by subsection (a) shall apply to actions occurring on or after the date of the enactment of this Act. SEC. 535. TREATMENT OF CERTAIN ACTIONS AS DISCRIMINATION. (a) DOCUMENTATION ABUSES.—Section 274B(a) (8 U.S.C. 1324b(a)), as amended by section 534, is further amended lay adding at the end the following new paragraph: "(6) TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS EMPLOYMENT PRACTICES. —For purposes of paragraph (1), a person's or other entity's request, for purposes of satisfying the requirements of section 274A(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 shall be treated as an unfair immigration-related employment practice relating to the hiring of individuals.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, but shall apply to actions occurring on or after such date. SEC. 536. CONFORMING CIVIL MONEY PENALTIES FOR ANTI-DISCRIMINA- TION VIOLATIONS TO THOSE FOR EMPLOYER SANCTIONS. (a) CIVIL MONEY PENALTIES.— Section 274B(g)(2)(B) (8 U.S.C. 1324b(g)(2)(B)) is amended by amending clause (iv) to read as follows: "(ivXD except as provided in subclauses (II) through (IV), to pay a civil penalty of not less than $250 and not more than $2,000 for each individual discriminated against, "(II) except as provided in subclause (IV), in the case of a person or entity previously subject to a single order 8 USC 1324b note. 8 USC 1324b note. 8 USC 1324b note.

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