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.

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 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.