Justice Department Settles Immigration-related Discrimination Claim Against An Employment Group

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The Justice Department today reached an agreement with an employment group, based in Salt Lake City resolving claims that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA).

The department’s investigation confirmed allegations made by a work-authorized individual that the company had, at both initial hire and when subsequently re-verifying the refugee’s employment authorization, rejected the employee’s valid driver’s license and unrestricted Social Security card and required him to produce a Department of Homeland Security Employment Authorization Document (EAD).  The department’s investigation further determined that the group’s Employment’s documentary demands were based on the individual’s status as a non-U.S. citizen.  The anti-discrimination provision of the INA, prohibits employers from using discriminatory documentary policies, procedures or requirements based on citizenship status or national origin when initially determining or subsequently re-verifying an employee’s authorization for employment.

Under the terms of the settlement agreement, the company has agreed to pay $9,157.50 in back pay to the victim and $1,200 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 statute’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 this important component of the INA.”

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