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  1. OSC Settles with Macy’s Concerning Immigration-Related Discrimination Claim

    By Bruce Buchanan, Sebelist Buchanan Law PLLC

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    The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) agreed to a settlement agreement with Macy’s over allegations that the national retailer violated the Immigration and Nationality Act (INA) by discriminating against work-authorized non-U.S. citizens at its Glendale, California, facility.

    The OSC’s investigation was based on a charge filed by a lawful permanent resident (LPR) whose hiring was delayed in October 2015. The investigation found the employee was not able to begin working at Macy’s even though she showed sufficient proof of her work authorization because a Macy’s official incorrectly believed that LPRs were required to produce unexpired permanent resident cards, rather than any other document(s). The investigation also found that other human resource employees in Macy’s Glendale location were imposing the same unnecessary requirement on four other LPRS. In contrast, U.S. citizens were permitted to choose whichever valid documents they wanted to present to prove their work authorization. Under the INA, LPRs do not have to show their permanent resident cards when they start working; instead, they can choose whichever documentation the would like to present, such as a driver’s license and unrestricted social security card, from the lists of acceptable documents.

    Under the settlement agreement, Macy’s will pay an $8,700 civil penalty, provide additional training to its employees and assess its employees’ understanding of applicable rules, and be subject to monitoring for 18 months, including periodically producing Form I-9 information to the OSC for review.

    This settlement is just another instance of OSC’s aggressive approach to enforcing the anti-discrimination provisions under Section 12324b of the INA. To date in calendar year 2016, the OSC has settled eight discrimination cases. Even after all of this activity, I would estimate 50% of employers are not aware of the OSC and its authority.
  2. OSC Settles with Villa Rancho Bernardo Care Center concerning Immigration Discriminat

    By: Bruce Buchanan, Sebelist Buchanan Law

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    The Office of Special Counsel for Immigrated-Related Unfair Employment Practices (OSC), a division of the Justice Department, reached a settlement agreement with Villa Rancho Bernardo Care Center (VRB), a skilled nursing facility in San Diego, resolving a claim of discrimination against work authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA).

    The OSC’s investigation found VRB discriminated against lawful permanent residents (green card holders) by requiring them to produce specific documents to prove their work authorization, while permitting U.S. citizens to show any valid work authorization documentation they chose. Specifically, during the interview and hiring processes, VRB requested that lawful permanent residents produce a permanent resident card. Lawful permanent residents are not required to show employers their permanent resident cards to work. Rather, like all other work-authorized employees, they can present their choice of valid documentation from the USCIS’s Lists of Acceptable Documents to establish their identity and work authorization. For example, lawful permanent residents can establish their work authorization by presenting a state or federal identification document and an unrestricted Social Security card.

    Under the settlement agreement, VRB will pay $24,000 in civil penalties to the United States, undergo OSC-provided webinar training on the anti-discrimination provision of the INA and be subject to monitoring requirements by the OSC for a period of one year.

    Updated 06-02-2016 at 10:56 AM by BBuchanan

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