The Justice Department announced today that it has reached an agreement with a staffing company in Texas and its related entities resolving allegations that the companies violated the anti-discrimination provision of the Immigration and Nationality Act (INA).
The Department’s investigation was initiated based on a referral from U.S. Citizenship and Immigration Services (USCIS). The investigation determined that the company, which utilized the E-Verify system, required non-citizens to present specific U.S. Department of Homeland Security-issued documents to establish their identity and employment 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 terms of the settlement agreement, the company will train its human resources personnel on the INA’s anti-discrimination provision; pay $53,800 in civil penalties to the United States; create a $35,000 back pay fund to compensate any individuals who suffered lost wages as a result of its practices; and be subject to monitoring by the department and reporting requirements for a period of two years.