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I-9 E-Verify Immigration Compliance

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  1. IER Settles Immigration-Related Discrimination Claim Against Panda Express

    By Bruce Buchanan, Sebelist Buchanan Law PLLC

    Click image for larger version. 

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    The Immigrant and Employee Rights Section (IER) of the Civil Rights Division of the Justice Department announced it reached a settlement agreement with Panda Restaurant Group, Inc. (Panda Express), a restaurant chain with over 1,800 locations in the United States. The agreement resolves an investigation into whether Panda Express discriminated against non-U.S. citizens in violation of the Immigration and Nationality Act (INA) when reverifying their authorization to work.

    The investigation concluded Panda Express unnecessarily required lawful permanent resident workers to re-establish their work authorization when their Permanent Resident Cards (green cards) expired, while not making similar requests to U.S. citizen workers when their documents expired. The investigation also revealed that Panda Express routinely required other non-U.S. citizen workers to produce immigration documents to reverify their ongoing work authorization despite evidence they had already provided sufficient documentation. The antidiscrimination provision of the INA prohibits such requests for documents when based on an employee’s citizenship status or national origin.

    Under the settlement, Panda Express will pay a civil penalty of $400,000 to the United States, establish a $200,000 back pay fund to compensate workers who lost wages due to the company’s practices, undergo IER-provided training to HR employees on the anti-discrimination provision of the INA, revise employment policies, modify its electronic I-9 system, train HR personnel on the M-274 Handbook for Employers and the USCIS E-Verify manual, and comply with departmental monitoring and reporting requirements for three years.

    This settlement is the largest to date in calendar year 2017. Employers should be trained by immigration counsel on a regular basis of immigration compliance issues.
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