COMPANY SETTLES DISCRIMINATORY DOCUMENT IMMIGRATION REQUEST CASE

FROM:  U.S. JUSTICE DEPARTMENT 

Wednesday, May 7, 2014

Justice Department Settles Immigration-Related Discrimination Claim Against Master Klean Janitorial

The Justice Department reached an agreement today with Master Klean Janitorial, a company based in Denver, resolving claims that the company engaged in a pattern or practice of discriminatory documentary requests based on citizenship status in violation of the Immigration and Nationality Act (INA).

The department’s investigation was initiated based on a referral from U.S. Citizenship and Immigration Services.  The investigation found that Master Klean Janitorial subjected work-authorized non-U.S. citizen new hires to unlawful demands for specific documentation issued by the U.S. Department of Homeland Security in order to verify their employment eligibility, while U.S. citizens were permitted to present their choice of documentation.  The INA’s anti-discrimination provision prohibits employers from placing additional documentary burdens on work-authorized employees during the hiring and employment eligibility verification process based on their citizenship status or national origin.  This practice is commonly known as document abuse.

Under the settlement agreement, Master Klean Janitorial will pay $75,000 in civil penalties to the United States, undergo training on the anti-discrimination provision of the INA, revise its employment eligibility verification policies and be subject to monitoring of its employment eligibility verification practices for one year.

“The Department of Justice is committed to eliminating discriminatory hurdles for work-authorized non-U.S. citizens in the employment eligibility verification process,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “I am pleased that Master Klean Janitorial has worked cooperatively with the department to reach an amicable resolution.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA.  The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee, document abuse and retaliation or intimidation .  
For more information about protections against employment discrimination under immigration laws or how to sign up for a free webinar, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired), call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired) or visit the OSC website at www.justice.gov/crt/about/osc .

Applicants or employees who believe they were subjected to different documentary requirements or discrimination based on their citizenship status, immigration status or national origin in hiring, firing or recruitment or referral should contact the worker hotline above for assistance.

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.

RHODE ISLAND COMPANY SETTLES IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES ALLEGATIONS

FROM: U.S. JUSTICE DEPARTMENT

Tuesday, July 2, 2013

Justice Department Reaches Settlement with Rhode Island Company to Resolve Immigration-related Unfair Employment Practices

The Justice Department announced today that it has reached an agreement with Vincent Porcaro Inc. (VPI) resolving allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA). VPI is a Rhode Island company that provides warehousing, distribution, light assembly and packaging for regional, national and international companies.


The department’s investigation was initiated based on a referral from U.S. Citizenship and Immigration Services (USCIS). The department’s investigation found that VPI, beginning in October 2012, required non-citizens to present specific U.S. Department of Homeland Security-issued documents to establish their identity and work 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 settlement agreement, VPI agreed to provide training to its human resources personnel on the INA’s anti-discrimination provision, pay $43,092 in civil penalties to the United States, create a $30,000 back pay fund to compensate individuals who suffered economic injuries as a result of VPI’s documentary practices, and be subject to monitoring by the department for a period of two years.

"Employers who create or change their employment eligibility verification policies and practices have an obligation to ensure that those changes are consistent with the anti-discrimination provision of the INA," said Gregory Friel, Deputy Assistant Attorney General for the Civil Rights Division. "The division is committed to identifying and addressing employer policies and practices that do not satisfy that obligation."

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. The case was handled by Trial Attorney Liza Zamd.

JUSTICE SETTLES IMMIGRATION-RELATED DISCRIMINATION CLAIM WITH PROPERTY MANGEMENT COMPANY

FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, April 9, 2013
Justice Department Settles Immigration-Related Discrimination Claim Against Property Management Company

The Justice Department today reached an agreement with Milestone Management Company, a nationwide residential property management firm headquartered in Dallas, resolving claims that the staffing company violated the anti-discrimination provision of the Immigration and Nationality Act (INA).

In a charge filed with the department, a lawful permanent resident alleged that after working for Milestone for three years, the company improperly demanded that he produce an unexpired lawful permanent resident card, despite the fact that he had presented proper work authorization documentation at the time of hire. The company discharged the worker when he was unable to present the document. The department’s investigation revealed that Milestone had also improperly reverified the documentation of other lawful permanent residents when their documentation expired and that it did not reverify expired documentation of U.S. citizens. The anti-discrimination provision generally prohibits treating employees differently in the employment eligibility verification and reverification processes based on citizenship or national origin unless required by law.

In response to the Justice Department’s investigation, Milestone immediately reinstated the charging party and provided full backpay for his six weeks of lost wages. Milestone cooperated with the department’s requests for information regarding its employment authorization verification processes throughout the investigation, and took proactive steps in collaboration with the department to provide corrective training for Milestone employees before the investigation had been concluded.

Under the terms of the agreement, Milestone agreed to pay $20,000 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 three years. The case settled prior to the Justice Department filing a complaint in this matter.

"We commend Milestone’s full cooperation with the Department’s investigation of this matter, and its proactive efforts to ensure that all of its employees responsible for completing Form I-9 are fully aware of their obligations under the INA’s antidiscrimination provisions," said Gregory B. Friel, Deputy Assistant Attorney General for the Civil Rights Division.