Justice Department Releases Spanish Language Video About Discrimination in Employment Eligibility Verification

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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.”

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