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I-9 E-Verify Immigration Compliance

Macy's Settles OSC case by Paying $275,000; by Bruce Buchanan, Siskind Susser

Rating: 4 votes, 5.00 average.

The Office of Special Counsel (OSC) for Immigration-Related Unfair Labor Practices, which is within the Department of Justice, has reached an agreement with Macy's resolving allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act. 


The investigation was initiated based on several calls to the OSC's worker hotline regarding potential immigration-related unfair employment practices. The investigation determined Macy's engaged in unfair documentary practices against work-authorized immigrant employees during the employment eligibility reverification process and some employees suffered economic harm through lost work or seniority as a result. The INA's anti-discrimination provision prohibits employers from treating workers differently in the employment eligibility verification or reverification process by demanding more or different documents, or by limiting the worker's choice of documents, based on an individual's immigration status or national origin.

According to the settlement agreement, Macy's agreed to revise its employment eligibility reverification policies and procedures and to provide training to its human resources personnel across the country on the INA's anti-discrimination provision.  Macy's also agreed to pay $175,000 in civil penalties to the United States, and to create a $100,000 back pay fund to compensate any individuals who suffered lost wages or loss of seniority as a result of its practices. 


This is one of the larger fines recently agreed to by the OSC and is similar to other OSC settlements - employers requiring too much in the revertification process. Employers must be vigilant in their immigration compliance or the OSC and/or Immigration and Customs Enforcement will come knocking on your door and assesess large penalties.

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