The U.S. Department of Justice on Tuesday, May 31, 2016 announced that it had reached a settlement with a San Diego-based skilled nursing facility to resolve claims that the center discriminated against work-authorized non-U.S. citizens in violation of federal immigration law. The settlement resolves claims that the facility violated the Immigration and Nationality Act ("INA") by requiring lawful permanent residents to produce specific documents to prove their work authorization while allowing U.S. citizens to provide any valid work authorization documents they chose.
I-9 Anti-Discrimination Provisions
A Louisiana-based realty company has agreed to a three year ban on seeking non-immigrant visa workers as a condition for settling allegations that it discriminated against U.S. citizens by giving preference to those in the country on temporary work visas for sheet metal roofing and laborer jobs. The "debarment" of Barrios Street Realty LLC and its agent, Jorge Arturo Guerrero Rodriguez, is the first time the U.S.
The Department of Justice’s Office of Special Counsel (“OSC”) has issued guidance indicating that employers who perform an I-9 audit may request additional documentation from an employee without violating the anti-discrimination provisions of the Immigration and Nationality Act.
The Office of Special Counsel with the U.S. Department of Justice (“DOJ”) settled with Sunny Grove Landscaping & Nursery Inc., after finding that it discriminated against lawful permanent residents by requiring them to produce permanent resident cards to prove work authorization. As part of its Settlement Agreement with the DOJ, Sunny Grove will pay $7,500 in civil penalties and undergo anti-discrimination training.
On November 19, 2015, the Department of Justice’s Office of Special Counsel entered into a Settlement Agreement with McDonald’s after McDonald’s, as part of its Form I-9 process, required Lawful Permanent Residents to show new green cards when the original document expired. Under the agreement, McDonald’s will pay $355,000 in civil penalties, undergo 20 months of monitoring, and train employees on INA anti-discrimination provisions.