Speech #980211425

Another problem with the alienage discrimination is that it applies to all employers employing over three employees. The alienage amendment would overlap with EEOC coverage of employers. EEOC would enforce all the prohibited areas of discrimination under title VII against employers with 15 or more employees. while the new Immigration Board would have jurisdiction over discrimination on the basis of alienage. over all employers. Realistically. a noncitizen under this amendment could bring a cause of action against an employer under Immigration auspices for alienage discrimination and the cause of action under EEOC jurisdiction for national origin discrimination. Allowing the Immigration Board to have jurisdiction over employers with more than 15 employees directly impacts on EEOC jurisdiction and the title VII statute. Although well intended. the discrimination amendment goes well beyond its intentions. It imposes on the Immigration Board additional and redundant powers which should rest in the EEOC. Finally. although patterned after the NLRB General Counsel. but inconsistent with the NLRB procedures. the committee amendment allows a private right of action to pursue those discrimination claims. If the amendment is to follow NLRB procedures. the special counsel should have final authority.