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.

Access Therapies to be debarred, ordered to pay $121,400 in penalties and back wages

Under terms of a court order, Indianapolis-based Access Therapies Inc. must pay $81,454 in civil money penalties and $39,946 in back wages to six physical therapists for violations of the H-1B provisions of the Immigration and Nationality Act. The H-1B program allows employers to employ foreign workers temporarily in the U.S. on a nonimmigrant basis in specialty occupations. Access Therapies will be debarred from participation in the H-1B program for a one-year period.

“The rules governing the employment of nonimmigrant workers in specialty occupations are specific and must be followed completely. Failing to do so denies qualified workers an opportunity for meaningful employment in the American economy,” said Thomas Gauza, district director for the Wage and Hour Division in Chicago. “This case shows that the department will not hesitate to bring legal action against employers that continue to short their employees and violate the law.” 

An investigation by the U.S. Department of Labor’s Wage and Hour Division found, among other issues, that the company misrepresented facts on its application when petitioning for and employing H-1B nonimmigrant workers and, as a result, the division issued the company a determination letter seeking the back wages owed. Access Therapies contested those findings and requested a hearing before an Administrative Law Judge, who issued the order that required the company to pay back wages, civil money penalties and interest, and debarred it from the H-1B program for a one-year period.

The investigation found employees were due back wages because they were not compensated with the required prevailing wages for productive work time or for preassignment and post-assignment time, as required. Access Therapies failed to withhold applicable employment taxes, such as payments to Medicare, FICA and federal and state income tax. The company is required to pay such taxes, plus interest and penalties, to the appropriate taxing authorities.

Under the terms of the order, in addition to paying the back wages and penalties, Access Therapies has agreed to enhanced compliance procedures, including records review by the department for a two-year period, and agrees to comply with provisions of the Immigration and Nationality Act in the future.

Source: DOL

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.

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 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 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.

Comprehensive Immigration Reform: a Moral and Economic Imperative

“Our beautiful America was built by a nation of strangers. From a hundred different places or more they have poured forth…joining and blending in one mighty and irresistible tide. The land flourished because it was fed from so many different sources – because it was nourished by so many cultures and traditions and people.”

– President Lyndon Johnson, October 3, 1965

“Immigration makes us stronger. It keeps us vibrant. It keeps us hungry. It keeps us prosperous. It is part of what makes this such a dynamic country. And if we want to keep attracting the best and the brightest that the world has to offer, then we need to a better job of welcoming them.”

– President Barack Obama, March 25, 2013

With these words from two great American Presidents in mind, I traveled to Milwaukee and Chicago yesterday to discuss comprehensive immigration reform with community and business leaders and immigrant advocates. In two cities that express deep pride about their immigrant histories, I was reminded that the American story is — at its core — the story of people from every nation, all races, and a multiplicity of ethnicities. The risk takers. The adventurers. The liberty seekers. The freedom lovers. They come to the U.S. in search of opportunity, to work towards a better life for themselves and their families, and to help renew their new home: America.
 
This is the story of my family, and I expect it is the story of many other families, as well. My grandparents came from Eastern Europe — Russia, Moldova, Austria-Hungary — in the beginning of the 20^th Century. My mother’s father and his brother walked from Russia to Hamburg, Germany to escape the Czar’s tyranny and find their places in steerage aboard a ship to the United States. I suspect they couldn’t have dreamed that one day their grandson and grandnephew would sit in the Cabinet of the President of the United States.
 
President Obama has made clear that the time has come for comprehensive legislation that fixes a broken immigration system and strengthens the American economy. The community leaders in Milwaukee and Chicago echoed his view as they spoke in human, personal, and evocative terms — discussing families separated by thousands of miles and torn apart without recourse, and young people desperate to step out of the shadows into their American lives.
 
Advocates from immigrant communities with roots in Central and South America, Eastern Europe, Africa and all parts of Asia shared strikingly similar experiences, and the same aspirations and concerns. And while everyone around the table agreed on the moral and social justice arguments for immigration reform, we also spoke of the economic case for fixing the system.
 
The President has said that our immigration policy defines who we are as a country, but also helps to determine how we will grow our economy in the coming years. Immigrants have been a foundation of U.S. economic strength for decades — failure to fix our immigration system would represent a loss of that advantage in a global economy.

Immigrants help drive American innovation. In 2011, immigrants started 28 percent of all new businesses while accounting for only 13 percent of the population. Immigrants are substantially more likely to secure patents for new innovations and represent more than $1 trillion in consumer spending power. A study by the non-partisan Congressional Budget Office has concluded that immigration reform could add as much as 1.3 percent to GDP by 2016. But we need to do more to ensure that immigrants, who are educated in America, stay to create jobs in America. That’s why the President has proposed “stapling” a green card to those who receive advanced degrees in STEM fields — science, technology, engineering and mathematics.
 
In the coming weeks and months, the discussion of comprehensive immigration reform will continue, as various proposals work their way through Congress. But the President and his administration will continue to press for reform that honors our values, making the case about all the ways that immigration enriches American life. It gives us economic, civic and cultural vitality. It keeps us on the cutting-edge. It is a unique source of national pride and dignity. It is what makes America America. Fixing our immigration system is a matter of the greatest urgency — the right thing to do morally and the smart thing to do economically.

Source: Seth Harris is the acting secretary of labor

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.

USCIS Celebrates Presidents' Day with Special Naturalization Ceremonies

USCIS celebrates Presidents’ Day by welcoming thousands of new citizens in special naturalization ceremonies across the nation.

Presidents’ Day celebrations run February 15-22. A list of highlighted ceremonies are below:

Date	City, State	Location
Friday, February 15, 2013	Sacramento, CA	California Veterans Memorial
Tuesday, February 19, 2013	Buffalo, NY	Theodore Roosevelt Inaugural National Historic Site
Tuesday, February 19, 2013	St. Paul, MN	Macalester College, John Davis Lecture Hall
Wednesday, February 20, 2013	San Diego, CA	Golden Hall
Wednesday, February 20, 2013	Sacramento, CA	Sacramento Convention Center
Wednesday, February 20, 2013	Boston, MA	Museum of African American History
Thursday, February 21, 2013	Parris Island, SC	Marine Corps Recruit Depot
Thursday, February 21, 2013	Baltimore, MD	The Baltimore & Ohio Railroad Museum
Thursday, February 21, 2013	Campbell, CA	Campbell Heritage Theater
Friday, February 22, 2013	Mount Vernon, VA	George Washington’s Mount Vernon Estate, Museum & Gardens

Source: USCIS

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 Settled Claims of Discrimination Against United Natural Foods Inc.

Source:  Justice Department

On July 20th, The Justice Department announced that it reached a settlement agreement with United Natural Foods Inc. (UNFI), resolving allegations that the company discriminated under the anti-discrimination provision of the Immigration and Nationality Act (INA), when it impermissibly “reverified” the work authority of lawful permanent residents and required some non-citizen workers to provide specific Form I-9 documentation.

In a charge filed with the department, the charging party, a lawful permanent resident, alleged that UNFI improperly terminated him after he failed to produce an unexpired lawful permanent resident card (also known as a “green card”) in connection with an erroneous reverification of his employment eligibility. The charging party had presented proper work authorization documentation at the time of hire, and UNFI had no reason to suspect that his documentation was not genuine.  The employee was permanently work-authorized, but lost three weeks’ worth of wages as a result of UNFI’s practice.   The department’s investigation revealed that UNFI reverified the documentation of similarly situated lawful permanent residents when their documentation expired but did not reverify expired documentation of U.S. citizens.   The anti-discrimination provision prohibits treating employees differently in the employment eligibility verification and reverification processes based on citizenship or national origin.  

In response to the department’s investigation, UNFI conducted an internal audit and undertook immediate corrective action to address and rectify its employment eligibility verification policies and practices.   As part of its corrective action, UNFI rehired the charging party and gave him full back pay several months before the department had made its finding of discrimination. 

Under the settlement agreement, the company agrees to pay $3,190 in civil penalties to the United States, to conform all of its actions to ensure compliance with the INA’s anti-discrimination provision and to train its human resources personnel about the company’s responsibility to avoid discrimination in the employment eligibility verification process.

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