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I-9 E-Verify Immigration Compliance

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  1. IER Settles Immigration-Related Discrimination Claim Against Rose Acre

    By: Bruce Buchanan, Sebelist Buchanan Law



    The Immigrant and Employee Rights Section (IER), a part of the Civil Rights Division of the Justice Department, has reached a settlement with Rose Acre Farms Inc, one of the largest egg producers in the United States. The settlement resolves a long-standing lawsuit filed by the IER and the Justice Department alleging Rose Acre violated the Immigration and Nationality Act (INA) by discriminating against work-authorized non-U.S. citizens when verifying their work authorization.

    The Department’s amended complaint alleged that from at least June 2009 to December 22, 2011, Rose Acre routinely required work-authorized non-U.S. citizens to present a Permanent Resident Card or Employment Authorization Document to prove their work authorization but did not require specific documents from U.S. citizens. All work-authorized individuals, whether U.S. citizens or non-U.S. citizens, have the right to choose which valid documentation to present to prove they are authorized to work. Employers may not dictate which document(s) may be presented. The anti-discrimination provision of the INA prohibits employers from subjecting employees to unnecessary documentary demands based on employees’ citizenship or national origin.

    Under the settlement, Rose Acre will pay a civil penalty of $70,000 to the U.S. government; train its human resources personnel on their legal obligations to not discriminate by viewing a free online IER webinar presentation; revise any existing employment policies so that they prohibit discrimination based on citizenship, immigration status, and national origin in the hiring processes; and be subject to departmental monitoring for two years.

    For answers to many other questions related to the IER and immigration compliance, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, and is available at http://www.amazon.com/dp/0997083379.
  2. DOJ and DOL in New Partnership to Protect U.S. Workers from Discrimination

    By: Bruce Buchanan, Sebelist Buchanan Law




    In a continuation of President Trump’s Buy American, Hire American Executive Order, the Department of Justice’s Civil Rights Division and the Department of Labor’s (DOL) Employment and Training Administration expanded their collaboration to better protect U.S. workers from discrimination by employers that prefer to hire temporary visa workers over qualified U.S. workers.

    This partnership enhances the Civil Rights Division’s efforts to stop companies from discriminating against U.S. workers and assists the Department of Labor’s Employment and Training Administration in identifying noncompliance with its foreign labor certification process. The signed Memorandum of Understanding (MOU) establishes protocols for the agencies to share information, refer matters between them, and train each other’s employees.

    The Civil Rights Division has increased its collaboration with other federal agencies, including the Departments of State and Homeland Security, to combat discrimination and abuse by employers improperly using temporary visa workers. Today’s MOU expands on the Division’s existing partnership with DOL.

    “Employers should hire workers based on their skills, experience, and authorization to work; not based on discriminatory preferences that violate the law,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “Our partnership with DOL, formalized today, significantly enhances the Civil Rights Division’s ability to identify employers that favor temporary visa holders over U.S. workers who can do the job.”

    For answers to many other questions related to immigration compliance, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, and is available at http://www.amazon.com/dp/0997083379.
  3. IER Settles Claim of Discrimination of U.S. Workers by Triple H Services, Landscaping Company

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC



    The Immigrant and Employee Rights Section (IER), a part of the Civil Rights Division of the Justice Department, reached a settlement agreement with Triple H Services LLC, a landscaping company based in Newland, North Carolina. The agreement resolves an investigation into whether Triple H discriminated against qualified and available U.S. workers based on their citizenship status by preferring to hire temporary workers with H-2B visas, in violation of the Immigration and Nationality Act (INA).

    The IER’s investigation found that although Triple H went through the motions of advertising over 450 landscape laborer vacancies in five states, it did so in a manner that misled U.S. workers about the available positions and prevented or deterred some from applying. The IER found Triple H did not consider several qualified U.S. workers who applied for positions in Virginia during the recruitment period, instead it hired H-2B visa workers. In several states where jobs were available, Triple H prematurely closed the online job application process for U.S. worker applicants, filled positions with H-2B visa workers without first advertising the jobs to U.S. workers in the relevant locations, or advertised vacancies in a manner that did not make the postings visible to job seekers using state workforce agency online services.

    The IER concluded that in taking these actions, Triple H effectively denied U.S. workers access to jobs based on its preference for hiring temporary H-2B visa workers to fill the positions. Refusing to consider or hire qualified and available U.S. workers based on their citizenship status violates the INA’s anti-discrimination provision, regardless of whether an employer has complied with other rules governing the use of temporary employment-based visa programs.

    The Justice Department touted this settlement agreement as part of the Division’s Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of temporary visa workers. Acting Assistant Attorney General John Gore said, “The Department will continue to fight to ensure that U.S. workers are not disadvantaged because of their citizenship status.”

    Under the settlement, Triple H must establish a backpay fund, with a cap of $85,000, to compensate certain individuals who were harmed by its practices; pay $15,600 in civil penalties to the U.S. government; engage in enhanced recruitment activities to attract U.S. workers; revise any existing employment policies so that they prohibit discrimination based on citizenship, immigration status, and national origin in the recruitment and hiring processes; train its Human Resources personnel on their legal obligations to not discriminate by viewing a free online IER webinar presentation; and be subject to departmental monitoring and reporting for a three-year period.

    This settlement is the second in the last week related to discrimination against U.S. workers. For answers to many other questions related to the IER and immigration compliance, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, and is available at http://www.amazon.com/dp/0997083379.
  4. IER Settles Immigration-Related Discrimination Claims Against J.C. Penney

    By: Bruce Buchanan, Sebelist Buchanan Law



    The Immigrant and Employee Rights Section (IER), a Division of the Justice Department, has reached a settlement agreement with J.C. Penney Corporation, Inc. The agreement resolves two investigations, one into whether J.C. Penney unlawfully rejected a lawful permanent resident’s valid work authorization documentation, and the other into whether J.C. Penney violated the Immigration and Nationality Act (INA) by unlawfully reverifying the work authorization of certain non-U.S. citizens.

    The first investigation was prompted by a lawful permanent resident’s charge alleging J.C. Penney violated the INA’s anti-discrimination provision when J.C. Penney fired her in August 2016. The investigation found J.C. Penney had improperly rejected the worker’s unexpired Permanent Resident Card as proof of her work authorization. The second investigation found J.C. Penney had unlawfully reverified the work authorization of certain non-U.S. citizens solely based on their citizenship status, even though those non-citizens had presented the same type of valid work authorization documents as U.S. citizens when first hired.

    The IER also found J.C. Penney unlawfully requested specific immigration documents from certain workers during the process of reverifying their work authorization because of their immigration status. Among other things, the INA prohibits employers from (1) rejecting valid work authorization documents, (2) limiting a worker’s choice of documentation to present for employment verification or reverification purposes, and (3) subjecting employees to different or unnecessary documentary demands, based on the employee’s citizenship, immigration status, or national origin.

    Under the terms of the settlement, J.C. Penney will pay a civil penalty of $14,430 to the United States; pay $11,177.60 in back pay to the worker who filed the charge; train its staff and corporate human resources personnel on their legal obligations to not discriminate on the basis of citizenship, immigration status, and national origin; require HR personnel to take an open book multiple choice test on the I-9 process; revise any existing employment policies so that they prohibit discrimination based on citizenship, immigration status, and national origin; honor employees’ documentation that appears genuine and relates to the person; not request more of different documents than required by law; post notices informing workers about their rights under the INA’s anti-discrimination provision; and be subject to departmental monitoring and reporting requirements for two years.

    It appears the IER is requiring more and more from employers entering into settlements. For example, HR personnel at J.C. Penney will be required to pass a test. This is a method to make sure that the law as relates to the I-9 process will be followed in the future. For answers to many other questions related to the IER and immigration compliance, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.
  5. IER Settles with Setpoint Systems Over Discrimination Against Non-Citizens

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC



    The Immigrant and Employee Rights Section (IER), a Division of the Justice Department, has reached a settlement with Setpoint Systems Inc., an Ogden, Utah, engineering company. The settlement resolves an investigation into whether the company engaged in hiring discrimination against non-U.S. citizens protected under the Immigration and Nationality Act’s (INA) anti-discrimination provision.

    The investigation found that from 2015 to 2017, Setpoint Systems had an unlawful policy of hiring only U.S. citizens for professional positions and refusing to consider otherwise qualified non-U.S. citizens based on the company’s erroneous understanding of the International Traffic in Arms Regulations (ITAR). ITAR regulates specific exports of defense articles and services and limits the access of certain sensitive information to U.S. citizens, U.S. nationals, lawful permanent residents, asylees, and refugees. ITAR does not authorize employers to only hire U.S. citizens. The anti-discrimination provision of the INA makes it unlawful for an employer to discriminate against an individual in the recruitment and hiring process based on citizenship status, unless authorized by law.

    Under the settlement agreement, Setpoint Systems will pay $17,475 in civil penalties to the United States for the alleged unfair immigration-related employment practices; train its Human Resources personnel on their legal obligations to not discriminate by viewing a free online IER webinar presentation; review and revise, if necessary, any existing employment policies that relate to nondiscrimination based on non-U.S. citizenship status; ensure all job advertisements have been reviewed by legal counsel or an employee who is trained on anti-discrimination laws; post notices informing workers about their rights under the INA’s anti-discrimination provision; and be subject to departmental monitoring and reporting requirements for three years.

    This settlement is another indication that the federal government is serious about cracking down on discrimination based on whether one is or is not a U.S. citizen. For answers to many other questions related to the IER and immigration compliance, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, and is available at http://www.amazon.com/dp/0997083379.
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