Justice Department Files Lawsuit against Las Vegas Casino for Unfair Documentary Practices

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The Justice Department announced today that it filed a lawsuit against a Casino in Las Vegas, alleging that the company engaged in a pattern or practice of discrimination in the employment eligibility verification and re-verification process.   The Immigration and Nationality Act (INA) requires employers to treat all authorized workers equally during the hiring, firing and employment eligibility verification process, regardless of their national origin or citizenship status.

The complaint alleges that Tuscany treated non-citizens differently from U.S. citizens during the employment eligibility verification and reverification process by requesting non-citizen employees to provide more or different documents or information than required during the initial employment eligibility verification process, and demanded specific documents during the reverification process.   The complaint further alleges that Tuscany subjected lawful permanent residents to unnecessary reverification based on their citizenship status after requesting and entering into the payroll system the expiration date of their Permanent Resident Cards (green cards) for purposes of reverification.

“Employers must not treat authorized workers differently during the employment eligibility verification process based on their citizenship status or national origin,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “The department vigorously enforces the anti-discrimination provisions of the INA so that authorized workers are treated fairly in the work place.” The complaint, which seeks monetary and injunctive relief, was filed before the Office of the Chief Administrative Hearing Officer (OCAHO) of the Department of Justice and served on the company on May 29, 2012.

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