JUSTICE AND INFINITY GROUP TO RESOLVE ALLEGATIONS OF IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, September 25, 2013
Justice Department Reaches Settlement with Infinity Group to Resolve Immigration-Related Unfair Employment Practices

The Justice Department announced today that it has reached an agreement with Infinity Group (IG) and its related entities resolving allegations that the companies violated the anti-discrimination provision of the Immigration and Nationality Act (INA).  IG is based in Clute, Texas and provides project-based temporary skilled labor to client companies.  IG employs over a thousand individuals in the United States.

The Department’s investigation was initiated based on a referral from U.S. Citizenship and Immigration Services (USCIS).  The investigation determined that IG entities, 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.  After receiving notice of the Office of Special Counsel for Immigration-Related Employment Practices’ (OSC) investigation, IG immediately changed its employment policies and practices to conform to the anti-discrimination provision of the INA.

Under the terms of the settlement agreement, IG 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.
 
“Employers, including those who use E-Verify, must ensure that their human resources personnel do not violate the anti-discrimination provision of the INA,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division.  “Infinity Group is commended for immediately changing its policies upon notice of OSC’s investigation to address its discriminatory documentary practices.”

OSC is responsible for enforcing the anti-discrimination provision of the INA.  The case was handled by OSC Trial Attorney Liza Zamd.