Justice Department Files Lawsuit Against Louisiana Crane Company Alleging Discrimination Against Work-authorized Immigrants

The Justice Department announced today the filing of a lawsuit with the Executive Office for Immigration Review against Louisiana Crane Company LLC (Louisiana Crane), which is headquartered in Eunice, Louisiana.

The complaint alleges that Louisiana Crane violated the Immigration and Nationality Act’s (INA) anti-discrimination provision by creating hurdles for immigrants during the employment eligibility verification process because of their citizenship status. Specifically, the complaint states that, from at least January 2013 until at least September 2013, Louisiana Crane required employees who it believed to be non-U.S. citizens to present specific documentation for the Form I-9 and/or E-Verify, but allowed believed to be U.S. citizens the flexibility to present a variety of documents. The INA’s anti-discrimination provision prohibits employers from discriminating against people with permission to work in the United States because of their citizenship status.

 

“The law protects people who have permission to work from facing discriminatory obstacles during employment eligibility verification,” said Molly Moran, Acting Assistant Attorney General for the Justice Department’s Civil Rights Division. “It is important that all people who have permission to work in the United States face an equal playing field when proving their work authorization.”

 

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.

 

Source: DOJ 

This information is intended to be educational and should not be considered legal advice on any specific matter.

Immigration-Related Discrimination Claim Against SK Food Group Inc.Settled

The Justice Department reached an agreement today with SK Food Group Inc., a company based in Seattle, resolving claims that the company used discriminatory document practices when verifying the work authority of non-citizens.
 

The department’s investigation, which was initiated based on a referral from the U.S. Citizenship and Immigration Services (USCIS), found that SK Food required work-authorized non-U.S. citizens to produce specific Department of Homeland Security documents to prove their work authority in connection with the company’s employment eligibility verification process, but did not make similar demands of U.S. citizens. Such discriminatory practices are prohibited under the anti-discrimination provision of the Immigration and Nationality Act (INA).

 

Under the agreement, SK Food must pay $40,500 in civil penalties to the United States; identify and provide back pay to any individuals who suffered lost wages as a result of the company’s alleged discriminatory documentary practices; undergo training on the anti-discrimination provision of the INA; and be subject to monitoring of its employment eligibility verification practices for one year.

 

“Employers cannot create discriminatory obstacles for work-authorized non-U.S. citizens in the employment eligibility verification process,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “In this case, we commend the company for its full cooperation during the investigation and for its efforts to address and resolve the deficiencies in its employment eligibility verification process.”

 

“No one who is legally authorized to work in the United States should be denied that opportunity based on suspicion or stereotypes,” said U.S. Attorney Jenny A. Durkan for the Western District of Washington. “The agreement filed today ensures training for human resource workers and outreach to employees to promote and safeguard equal treatment for all new workers.”

 

Source: DOJ

This information is intended to be educational and should not be considered legal advice on any specific matter.

Immigration-Related Discrimination Claim Against Potter Concrete Settled

The Justice Department reached an agreement today with Potter Concrete, a company based in Dallas, resolving claims that the company engaged in a pattern or practice of document abuse in violation of the Immigration and Nationality Act (INA).

The department’s investigation, which was initiated based on a referral from U.S. Citizenship and Immigration Services (USCIS), concluded that Potter Concrete subjected non-U.S. citizen new hires to unlawful demands for specific documentation issued by the U.S. Department of Homeland Security in order to verify their employment eligibility, while U.S. citizens were permitted to present their choice of documentation. The investigation also revealed that Potter Concrete selectively utilized E-Verify to confirm the employment eligibility of individuals they knew or believed to be non-U.S. citizens or foreign born. The INA’s anti-discrimination provision prohibits employers from placing additional documentary burdens on work-authorized employees during the hiring and employment eligibility verification process based on their citizenship status or national origin.

 

Under the settlement agreement, Potter Concrete will pay $115,000 in civil penalties to the United States; undergo training on the anti-discrimination provision of the INA; revise its employment eligibility verification policies; and be subject to monitoring of its employment eligibility verification practices for one year.

 

“Employers cannot create discriminatory hurdles for work-authorized non-U.S. citizens or naturalized citizens in the employment eligibility verification process, which includes the E-Verify program,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “The Department of Justice is committed to protecting U.S. citizens and all work-authorized immigrants from document abuse.”

Source: DOJ
 

This information is intended to be educational and should not be considered legal advice on any specific matter.

Kim Hoang Coffee and Fast Food Settles Immigration-Related Discrimination Claim

The Justice Department reached an agreement with Kim Hoang Coffee and Fast Food, a restaurant in San Francisco, resolving claims that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA).

In a charge filed with the department, a work-authorized immigrant alleged, and the department found, that Kim Hoang Coffee and Fast Food improperly rejected valid work-authorization documents when re-verifying her authorization for employment, which caused the immigrant to believe she had been terminated. The investigation also revealed that the employer believed she could ask non-U.S. citizens to produce specific documents to establish work authorization upon initial hire, but did not need to make similar demands of U.S. citizens. The INA’s anti-discrimination provision prohibits employers from discriminating against non-U.S. citizens in the employment eligibility verification process by demanding different documentation than U.S. citizens are required to present.

 

In response to the department’s investigation, Kim Hoang Coffee and Fast Food offered to rehire the charging party and provide back pay for the charging party’s month of lost wages. Under the terms of the agreement, Kim Hoang Coffee and Fast Food must pay $485 in civil penalties to the United States, undergo department training on the anti-discrimination provision of the INA and be subject to monitoring of its employment eligibility verification practices for a period of three years. The employer also agreed to post the Office of Special Counsel for Immigration-Related Unfair Employment Practices’ (OSC) “Right to Work” poster, which highlights the anti-discrimination provision of the INA. The case settled prior to the department filing a complaint in this matter.

 

“Imposing different documentary requirements on individuals based on their citizenship status during the employment eligibility verification process is discrimination prohibited by the INA,” said Acting Assistant Attorney General for the Civil Rights Division Jocelyn Samuels. “The Department of Justice is committed to protecting U.S. citizens and all work-authorized immigrants from document abuse.”

 

Source: DOJ

 

This information is intended to be educational and should not be considered legal advice on any specific matter.

Justice Department Reaches Settlement with Arapahoe, Colo., Sheriff’s Office to Resolve Immigration-Related Unfair Employment Practices

The Justice Department announced that it has reached an agreement with the Arapahoe County, Colo. Office of the Sheriff resolving allegations that the Office of the Sheriff violated the anti-discrimination provision of the Immigration and Nationality Act (INA). 

The investigation was initiated based on information obtained in the course of a lawsuit filed by a former employee against the Sheriff’s Office alleging discriminatory termination. The Department’s investigation established that the Office of the Sheriff improperly restricted law enforcement positions to U.S. citizens notwithstanding the fact that no law, regulation, executive order or government contract authorized it to restrict employment in this manner. The former employee who filed the lawsuit was in fact a U.S. citizen and had documentation that showed her work authorization but not her citizenship. The INA’s anti-discrimination provision prohibits certain discriminatory hiring practices against work-authorized individuals and permits employers to limit jobs to U.S. citizens only where the employer is required to do so by law, regulation, executive order, or government contract.

Under the settlement agreement, the Office of the Sheriff’s employment eligibility verification practices will be subject to monitoring by the Justice Department and reporting requirements for a period of three years. The Sheriff’s Office also agreed to pay $500 in civil penalties to the United States. The Office of the Sheriff had already addressed the identified victim’s back pay claims through an earlier agreement based on her private lawsuit. In addition, the Office of the Sheriff informed other affected non-U.S. citizen applicants that they could re-apply for available law enforcement positions. The Sheriff’s Office denied that it committed any violation of the anti-discrimination provision but fully cooperated with the investigation and agreed to revise its hiring policies and procedures to ensure compliance with the INA’s anti-discrimination provision.

“Employers must ensure that their hiring practices do not violate the anti-discrimination provision of the INA,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division. “Any restrictions in hiring based on citizenship status must be pursuant to requirements established by law or government contract, not internal policies. The Office of the Sheriff’s cooperation and its efforts to reach out to non-citizens affected by its past policies reflect its commitment to address the issues raised in this investigation in a meaningful manner.”

Source: DOJ
This information is intended to be educational and should not be considered legal advice on any specific matter.

 

Justice Department Reaches Settlement with Staffing Company to Resolve Immigration-related Unfair Employment Practices

The Justice Department announced today that it reached an agreement with Kelly Services Inc., a staffing company based in Troy, Mich., resolving an allegation of discrimination based on citizenship status during the employment eligibility re-verification process at one of its branch locations in Schaumburg, Ill. The investigation was initiated by the department’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) based on information obtained from a former employee of the company who had contacted that office.

The department’s investigation concluded that Kelly Services terminated the individual’s employment during the employment eligibility re-verification process when he did not produce a new U.S. Citizenship and Immigration Services (USCIS)-issued document, even though he had a valid unrestricted Social Security card at the time that was also acceptable to show continued employment eligibility. To resolve the matter, Kelly Services has agreed to compensate the former employee for lost wages in the amount of $1,888.60 and pay a $1,100 civil penalty to the United States. Designated Kelly Services staff will also participate in Justice Department training on employers’ responsibilities under the anti-discrimination provision of the Immigration and Nationality Act (INA).

         

Source: DOJ

 

This information is intended to be educational and should not be considered legal advice on any specific matter.

Justice Department Settles Immigration-related Discrimination Claim Against SOS Employment Group

The Justice Department today reached an agreement with SOS Employment Group, based in Salt Lake City resolving claims that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA).

The department’s investigation confirmed allegations made by a work-authorized individual that SOS Employment Group had, at both initial hire and when subsequently re-verifying the refugee’s employment authorization, rejected the employee’s valid driver’s license and unrestricted Social Security card and required him to produce a Department of Homeland Security Employment Authorization Document (EAD). The department’s investigation further determined that SOS Employment’s documentary demands were based on the individual’s status as a non-U.S. citizen. The anti-discrimination provision of the INA, prohibits employers from using discriminatory documentary policies, procedures or requirements based on citizenship status or national origin when initially determining or subsequently re-verifying an employee’s authorization for employment.

 

Under the terms of the settlement agreement, SOS Employment Group has agreed to pay $9,157.50 in back pay to the victim and $1,200 in civil penalties to the United States, undergo Justice Department training on the anti-discrimination provision of the INA and be subject to monitoring of its employment eligibility verification practices for a period of one year.

 

“The INA’s anti-discrimination provision requires that the statute’s employment eligibility verification requirements be implemented in a nondiscriminatory manner without regard to citizenship status or national origin,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights. “The Civil Rights Division is fully committed to vigorously enforcing this important component of the INA.”

 

Source: DOJ

 

This information is intended to be educational and should not be considered legal advice on any specific matter.

 

 

 

Justice Department Settles Immigration-related Discrimination Claim Against Forever 21

The Justice Department announced today that it reached an agreement with Forever 21 resolving allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it rejected a work-authorized individual’s Department of Homeland Security-issued Employment Authorization Document (EAD), and required her to produce a Permanent Resident Card (commonly known as a “Green Card”) as a condition of employment. The individual, who was employment-authorized as an applicant for permanent residence, was unable to work following the rejection of her EAD. The anti-discrimination provision of the INA prohibits employers from discriminating in the employment eligibility verification process by demanding specific documents or rejecting acceptable documents based on citizenship status or national origin.

Under the terms of the settlement agreement, Forever 21 has agreed to pay $2,100 in back pay to the individual and $600 in civil penalties to the United States, undergo Justice Department training on the anti-discrimination provision of the INA and be subject to monitoring of its employment eligibility verification practices for a period of one year. 

 

“The INA’s anti-discrimination provision requires that the INA’s employment eligibility verification requirements be implemented in a nondiscriminatory manner without regard to citizenship status or national origin,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights. “The Civil Rights Division is fully committed to vigorously enforcing the anti-discrimination provision’s protections against discriminatory documentary practices.”

 

Source: DOJ

 

This information is intended to be educational and should not be considered legal advice on any specific matter.

Justice Department Files Lawsuit Against Texas Bus Company Alleging Employment Discrimination Against U.S. Citizens and Other Individuals

The Justice Department announced the filing of a lawsuit with the Executive Office of Immigration Review’s Office of the Chief Administrative Hearing Officer (OCAHO), against Autobuses Ejecutivos LLC, d/b/a Omnibus Express, a bus company based in Houston.

The complaint alleges Omnibus Express violated the Immigration and Nationality Act’s (INA) anti-discrimination provision by preferring to hire temporary nonimmigrant visa holders over U.S. citizens, certain lawful permanent residents and other protected individuals for bus driver positions. Specifically, the complaint states that from at least September 2012 to February 2013, Omnibus Express failed to consider the applications of many qualified U.S. citizens and other protected individuals, or actively discouraged them from pursuing their applications, while at the same time petitioning the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) for permission to hire up to 50 foreign workers on H-2B visas. The H-2B program allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs when there are not enough U.S. workers who are able, willing or qualified to do the temporary work. The complaint further alleges that Omnibus Express hired 42 H-2B workers during this period, and in doing so, represented to the DOL and USCIS that there were not enough qualified workers in the United States to fill the 50 bus driver positions. The complaint seeks an order prohibiting future discrimination by Omnibus Express, civil penalties, back pay for injured parties and injunctive relief. The INA’s anti-discrimination provision prohibits employers from discriminating in hiring against certain workers based on their citizenship status.

 

“The nation’s current immigration law protects individuals in the United States, such as U.S. citizens, certain lawful permanent residents, refugees and asylees, from unlawful discrimination in hiring based on their citizenship status,” said Jocelyn Samuels, Acting Assistant Attorney General for the Justice Department’s Civil Rights Division. “We are committed to enforcing the INA so that work-authorized individuals have equal access to employment in the United States.”

 

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA, which prohibits employers from discriminating against work-authorized individuals on the basis of citizenship status or national origin in hiring, firing, recruitment or referral for a fee.

 

Source: DOJ

 

This information is intended to be educational and should not be considered legal advice on any specific matter.

 

Justice Department Releases Educational Video About Discrimination in Employment Eligibility Verification

The Justice Department announced today the launch of a new educational video to assist employers in avoiding charges of discrimination in the employment eligibility verification form I-9 process and in the use of E-Verify. The video also helps educate employees about their legal rights. The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) within the department’s Civil Rights Division enforces the anti-discrimination provision of the Immigration and Nationality Act (INA), which prohibits employers from discriminating against work-authorized individuals in hiring, firing, recruitment or referral for a fee, regardless of their citizenship status or national origin. The law also prohibits discrimination during the form I-9 and E-Verify processes.

OSC developed its latest video to address issues that frequently arise from calls to its hotline and charges filed. Employers sometimes incorrectly believe that they need to request more documents than are necessary for the employment eligibility verification form I-9. Additionally, employers using E-Verify may improperly request specific documents due to misunderstanding of E-Verify requirements. OSC’s new video highlights some practices that are not permissible and may lead to claims under the anti-discrimination provision.

 

“We believe this video will help both employers and employees across the country understand employment eligibility verification rules,” said Gregory Friel, Deputy Assistant Attorney General for the Civil Rights Division. “Federal law prohibits discrimination in the employment eligibility verification process, and the Justice Department is committed to enforcing the law.”

 

The video may be viewed at http://youtu.be/VNHFDusJqRg

 

The latest OSC video is part of OSC’s educational video series that can be found here: http://go.usa.gov/2P6m. OSC also operates a hotline for employers and workers, frequently providing guidance to employers on how to avoid discrimination and educating employees on rights protected by the anti-discrimination provision. OSC offers live webinars for both employers and employees to educate employers on avoiding workplace discrimination and to educate employees about their rights. For more information about protections against employment discrimination under the immigration law, call OSC’s worker hotline at: 1-800-255-7688 (1-202-616-5525, TTY for the hearing impaired); call OSC’s employer hotline at: 1-800-255-8155 (1-202-616-5525, TTY for the hearing impaired); send an e-mail to: osccrt@usdoj.gov; or visit OSC’s website http://www.justice.gov/crt/about/osc.

 

Source: DOJ

 

This information is intended to be educational and should not be considered legal advice on any specific matter.

Justice Department Settles Immigration-related Discrimination Claim Against Alabama Employment Agency

The Justice Department today reached an agreement with Stellar Staffing LLC, based in Birmingham, Ala., resolving claims that the employment agency violated the anti-discrimination provision of the Immigration and Nationality Act (INA).

The department’s independent investigation was initiated based on evidence uncovered during the investigation of a related retaliation charge filed against Stellar Staffing. The department’s investigation concluded that since at least July 2008, the company required specific documents issued by the Department of Homeland Security from non-U.S. citizens during the employment eligibility verification process, but accepted a variety of identity and work authorization documentation from U.S. citizens.

Under the terms of the settlement agreement, Stellar Staffing will pay $2,250 in civil penalties to the United States, undergo Justice Department training on the anti-discrimination provision of the INA and be subject to monitoring of its employment eligibility verification practices for a period of one year. 

“The anti-discrimination provision protects work-authorized individuals from being treated differently in the hiring process based on discriminatory assumptions about their status,” said Gregory Friel, Deputy Assistant Attorney General for the Civil Rights Division. “The Civil Rights Division is fully committed to vigorously enforcing the law.”

 

Source: DOJ

 

This information is intended to be educational and should not be considered legal advice on any specific matter.

 

Justice Department Reaches Settlement with Rhode Island Company to Resolve Immigration-related Unfair Employment Practices

The Justice Department announced today that it has reached an agreement with Vincent Porcaro Inc. (VPI) resolving allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA). VPI is a Rhode Island company that provides warehousing, distribution, light assembly and packaging for regional, national and international companies.

The department’s investigation was initiated based on a referral from U.S. Citizenship and Immigration Services (USCIS). The department’s investigation found that VPI, beginning in October 2012, required non-citizens to present specific U.S. Department of Homeland Security-issued documents to establish their identity and work authorization while not making similar requests of U.S. citizens. The INA’s anti-discrimination provision prohibits employers from discriminating against noncitizens in the employment eligibility verification process by demanding more or different documents than U.S. citizens are required to present.

 

Under the settlement agreement, VPI agreed to provide training to its human resources personnel on the INA’s anti-discrimination provision, pay $43,092 in civil penalties to the United States, create a $30,000 back pay fund to compensate individuals who suffered economic injuries as a result of VPI’s documentary practices, and be subject to monitoring by the department for a period of two years.

 

“Employers who create or change their employment eligibility verification policies and practices have an obligation to ensure that those changes are consistent with the anti-discrimination provision of the INA,” said Gregory Friel, Deputy Assistant Attorney General for the Civil Rights Division. “The division is committed to identifying and addressing employer policies and practices that do not satisfy that obligation.”

 

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. The case was handled by Trial Attorney Liza Zamd. For more information about protections against employment discrimination under the immigration laws, call the OSC’s worker hotline at 1-800-255-7688 (1-800-237-2525, TTY for hearing impaired), call the OSC’s employer hotline at 1-800-255-8155 (1-800-362-2735, TTY for hearing impaired), sign up for a no-cost webinar at www.justice.gov/about/osc/webinars.php, email osccrt@usdoj.gov or visit the website at www.justice.gov/crt/about/osc.

 

Source: DOJ

 

This information is intended to be educational and should not be considered legal advice on any specific matter.

 

Justice Department Reaches Settlement with National Retailer to Resolve Immigration-Related Unfair Employment Practices

The Justice Department announced today that it has reached an agreement with Macy’s Retail Holdings and other Macy’s entities (Macy’s) resolving allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA). Macy’s employs approximately 180,000 employees in the United States.

The investigation was initiated based on several calls to the Justice Department’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) worker hotline regarding potential immigration-related unfair employment practices. Based on the investigation, the department determined that Macy’s engaged in unfair documentary practices against work-authorized immigrant employees during the employment eligibility reverification process and that some employees suffered economic harm through lost work or seniority as a result. The INA’s anti-discrimination provision prohibits employers from treating workers differently in the employment eligibility verification or reverification process by demanding more or different documents, or by limiting the worker’s choice of documents, based on an individual’s immigration status or national origin.

According to the settlement agreement, Macy’s agrees to revise its employment eligibility reverification policies and procedures and to provide training to its human resources personnel across the country on the INA’s anti-discrimination provision. Macy’s also agrees to pay $175,000 in civil penalties to the United States, and to create a $100,000 back pay fund to compensate any individuals who suffered lost wages or loss of seniority as a result of its practices. Under the agreement, Macy’s employment eligibility verification practices will be subject to monitoring by the department and reporting requirements for a period of two years.

“Employers must ensure that they follow correct procedures during the reverification of employment authorization of non-U.S. citizens,” said Gregory Friel, Deputy Assistant Attorney General for the Civil Rights Division. “Given the size of their workforce, national employers are particularly encouraged to evaluate their policies and practices and make use of the division’s no-cost technical assistance to ensure compliance with the INA’s anti-discrimination provision.”

OSC is responsible for enforcing the anti-discrimination provision of the INA. The case was handled by Liza Zamd and Ronald Lee, OSC trial attorneys. For more information about protections against employment discrimination under the immigration laws, call the OSC’s worker hotline at 1-800-255-7688 (1-800-237-2525, TTY for hearing impaired), call the OSC’s employer hotline at 1-800-255-8155 (1-800-362-2735, TTY for hearing impaired), sign up for a no-cost webinar at www.justice.gov/about/osc/webinars.php, email osccrt@usdoj.gov or visit the website at www.justice.gov/crt/about/osc.

 

Source: DOJ

 

This information is intended to be educational and should not be considered legal advice on any specific matter.

Justice Department Settles Immigration-Related Discrimination Claim Against Property Management Company

The Justice Department today reached an agreement with Milestone Management Company, a nationwide residential property management firm headquartered in Dallas, resolving claims that the staffing company violated the anti-discrimination provision of the Immigration and Nationality Act (INA).
 

In a charge filed with the department, a lawful permanent resident alleged that after working for Milestone for three years, the company improperly demanded that he produce an unexpired lawful permanent resident card, despite the fact that he had presented proper work authorization documentation at the time of hire. The company discharged the worker when he was unable to present the document. The department’s investigation revealed that Milestone had also improperly reverified the documentation of other lawful permanent residents when their documentation expired and that it did not reverify expired documentation of U.S. citizens. The anti-discrimination provision generally prohibits treating employees differently in the employment eligibility verification and reverification processes based on citizenship or national origin unless required by law.

 

In response to the Justice Department’s investigation, Milestone immediately reinstated the charging party and provided full backpay for his six weeks of lost wages. Milestone cooperated with the department’s requests for information regarding its employment authorization verification processes throughout the investigation, and took proactive steps in collaboration with the department to provide corrective training for Milestone employees before the investigation had been concluded. 

 

Under the terms of the agreement, Milestone agreed to pay $20,000 in civil penalties to the United States, undergo Justice Department training on the anti-discrimination provision of the INA and be subject to monitoring of its employment eligibility verification practices for a period of three years. The case settled prior to the Justice Department filing a complaint in this matter.

 

“We commend Milestone’s full cooperation with the Department’s investigation of this matter, and its proactive efforts to ensure that all of its employees responsible for completing Form I-9 are fully aware of their obligations under the INA’s antidiscrimination provisions,” said Gregory B. Friel, Deputy Assistant Attorney General for the Civil Rights Division.

 

 

Source: DOJ

 

This information is intended to be educational and should not be considered legal advice on any specific matter.

Justice Department Reaches Settlement with Georgia Company to Resolve Immigration-related Unfair Employment Practices

The Justice Department announced that it reached an agreement with Poulan Pecan, resolving allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA). Poulan Pecan is a supplier of pecans located in Poulan, Ga. 
 

The Justice Department’s Civil Rights Division initiated its investigation of Poulan Pecan in 2012, based on a claim by an individual who called a department hotline and complained that the pecan-producing company requested specific documentation from her to establish her work authorization. The department’s investigation concluded that Poulan Pecan discriminated against work-authorized non-U.S. citizens by requiring specific and more documents than necessary from them when completing the Form I-9, Employment Eligibility Verification, while not imposing similar requirements of U.S. citizens. 

 

Under the terms of the agreement, Poulan Pecan will pay $500 in civil penalties and be subject to monitoring of its employment eligibility verification practices for a period of one year. Designated Poulan Pecan officials have already completed training by the Justice Department on the anti-discrimination provision of the INA. The case settled prior to the Justice Department filing a complaint in this matter.

 

“Individuals should be treated equally during the employment eligibility verification process,” said Gregory Friel, Deputy Assistant Attorney General for the Civil Rights Division. “This means not placing additional requirements, documentary or otherwise, on individuals based on their citizenship status.”

 

Source: DOJ

 

This information is intended to be educational and should not be considered legal advice on any specific matter.

FTD Inc. Resolves Immigration-Related Retaliation Claim

The Justice Department announced that it reached an agreement with FTD Inc., to resolve allegations that the company retaliated against a man for asserting rights under the anti-discrimination provision of the Immigration and Nationality Act (INA).
 

The Justice Department initiated the investigation after receiving a complaint from a work-authorized immigrant that FTD rescinded the individual’s conditional job offer after a background check revealed a purported error in his Social Security account number. The man informed FTD that he was authorized to work in the United States and provided documents showing his status. The man also expressed concern to FTD that the company may be violating the anti-discrimination provision of the INA by refusing to hire him and threatened to pursue his legal rights under the INA’s anti-discrimination provision. FTD responded by terminating all communication with the individual. 

   

Under the terms of the agreement, FTD has agreed to pay $1,800 in back pay to the man and $3,000 in civil penalties. FTD has also agreed to undergo Justice Department training on the anti-discrimination provision of the INA. The case settled prior to the Justice Department filing a complaint in this matter.

 

“People authorized to work in this country should not be afraid to dispute errors in databases relating to their employment eligibility or documents,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “It is unlawful to retaliate against an individual for asserting a right to work under the anti-discrimination provision of the INA.”

 

Source: DOJ

 

This information is intended to be educational and should not be considered legal advice on any specific matter.

 

Spanish Language Video About Discrimination in Employment Eligibility Verification Released

The Civil Rights Division of the Justice Department announced today the launch of its first Spanish-language educational video. The video was developed by the Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices to assist employers in avoiding charges of discrimination in the Employment Eligibility Verification Form I-9 process and to assist employees to be aware of their legal rights. OSC enforces the anti-discrimination provision of the Immigration and Nationality Act (INA), which prohibits employers from discriminating against work-authorized individuals in hiring, firing, and recruitment or referral for a fee, regardless of their citizenship status or national origin. The law additionally prohibits discrimination during the Form I-9 and E-Verify processes.

OSC developed the video to address an issue that frequently comes to OSC’s attention through calls to its hotline and charges filed by employees. Employers occasionally incorrectly believe that they need to reverify the employment authorization of lawful permanent resident workers when their Permanent Resident Cards expire. OSC’s new video illustrates this practice, explaining that is not permissible and may lead to claims under the anti-discrimination provision.

“We believe this video will help both employers and employees across the country understand employment eligibility verification rules and also help lawful permanent residents maintain their employment,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Federal law prohibits discrimination in the employment eligibility verification process, and the Justice Department is committed to enforcing the law.”

The Spanish language video may be viewed at: www.youtube.com/watch?v=HLps_3sWJxk.

A version of the same video subtitled in English can be viewed at: www.youtube.com/watch?v=XWRSMNFxxKY.

Source: DOJ

This information is intended to be educational and should not be considered legal advice on any specific matter.

Avant Healthcare Professionals LLC Settled Immigration-Related Unfair Employment Practices

The Justice Department reached a settlement agreement today with Avant Healthcare Professionals LLC, a healthcare staffing company based in Casselberry, Fla. , resolving allegations that the company posted discriminatory job advertisements on the internet.

According to the department’s investigation, hundreds of Avant Healthcare Professionals’ internet-based job postings contained discriminatory language, impermissibly preferring foreign-trained individuals seeking permanent residence or H-1B visa sponsorship over U.S. workers. The Immigration and Nationality Act (INA) prohibits employers from discriminating on the basis of citizenship or immigration status unless required by law, regulation or government contract. None of those limited exceptions applied to Avant’s recruitment efforts.

Under the terms of the settlement agreement, Avant has agreed to pay $27,750 in civil penalties, to change its internal policies and written procedures to incorporate the INA’s anti-discrimination protections, and to be subject to reporting and compliance monitoring requirements for a period of three years.

“Federal law protects authorized U.S. workers from illegal and discriminatory preferences,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Employers have a statutory obligation to monitor their online job postings to ensure that they do not violate the anti-discrimination provision of Immigration and Nationality Act.”

 

Source: USDOJ

This information is intended to be educational and should not be considered legal advice on any specific matter.

 

Justice Department Reaches Settlement with Houston Community College

The Justice Department announced today that it has reached an agreement with Houston Community College (HCC) resolving allegations that the college violated the anti-discrimination provision of the Immigration and Nationality Act (INA). HCC employs approximately 6,000 employees across 20 campuses and is one of the largest community colleges in the country. 

The Justice Department’s investigation began after an individual filed a charge alleging that she was discriminated against in the hiring process. The department’s investigation revealed that for at least the last two years, HCC has engaged in a pattern or practice of discrimination by requiring non-U.S. citizens to provide specific documentation establishing their work authority, while not making similar demands from U.S. citizens. The department did not find that the individual that filed the charge was herself a victim of the discriminatory practice.

Under the terms of the agreement, HCC will pay $83,600 in civil penalties and agreed to abandon its prior department-based employment eligibility verification process in favor of a centralized verification process. HCC also agreed to create a $20,000 back pay fund to compensate potential victims who lost wages as a result of the discriminatory practices, to undergo Justice Department training on the anti-discrimination provision of the INA and to be subject to monitoring of its employment eligibility verification practices for a period of two years. The case was handled by Trial Attorney Liza Zamd and settled prior to the Justice Department filing a complaint in this matter.

“Employers cannot create higher hurdles for non-U.S. citizens in the employment process, including the employment eligibility verification process, than those required of U.S. citizens or those required by law,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “We commend HCC for restructuring its hiring processes to ensure that it will no longer be treating new-hires differently based on their citizenship status.”

Source: US DOJ

This information is intended to be educational and should not be considered legal advice on any specific matter.

Immigration-Based Discrimination Claim against NY Hospital Settled

Source: USDOJ

The Justice Department announced today that it reached an agreement with Holliswood Hospital, a hospital in Queens, N.Y., resolving claims that the hospital violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it required newly hired lawful permanent residents to provide more or different documents during the Form I-9 employment eligibility verification process.

The investigation stemmed from a charge filed by an individual that Holliswood terminated her after discovering that her employment eligibility needed to reverified in the future, despite the fact that she was work authorized. The subsequent investigation revealed that Holliswood imposed greater requirements to verify employment eligibility for lawful permanent residents as compared to U.S. citizen employees and terminated the charging party as a result of the discriminatory documentary practices. The INA requires employers to treat all authorized workers in the same manner during the employment eligibility verification process, regardless of their national origin or citizenship status.

 

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This information is intended to be educational and should not be considered legal advice on any specific matter.