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I-9 E-Verify Immigration Compliance

DOJ Settles Immigration-Related Discrimination Claim Against UCSD

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By: Bruce Buchahan, Sebelist Buchanan Law

The Justice Department, through the Immigrant and Employee Rights Section (IER), has reached a settlement agreement with the University of California, San Diego (UCSD). The settlement resolves the investigation into whether the University’s Resource Management and Planning Vice Chancellor Area (RMP) discriminated against workers in violation of the Immigration and Nationality Act (INA) when verifying their continued authorization to work.

The investigation concluded the RMP unnecessarily required certain work-authorized immigrants to re-establish their work authorization when their documents expired, based on the citizenship status of those individuals when they were hired. The anti-discrimination provision of the INA prohibits such requests for documents when based on an employee’s citizenship status or national origin.

Under the settlement, the University will pay a penalty to the United States, train its RMP human resources personnel on the requirements of the INA’s anti-discrimination provision, and be subject to departmental monitoring and reporting requirements.

Under the settlement agreement, UCSD will pay $4,712 in civil penalties for the alleged unfair documentary practices; post notices informing workers about their rights under the INA’s anti-discrimination provision; train its Human Resources personnel on their legal obligations to not discriminate by viewing a free online IER webinar presentation and reviewing the M-274 Handbook for Employers; review and revise, as necessary, any existing employment policies that relate to nondiscrimination based on traits or characteristics protected by law; and be subject to departmental monitoring and reporting requirements 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.

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