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I-9 E-Verify Immigration Compliance

OSC Reaches Settlement with South Carolina Food Service Provider; by Bruce E. Buchanan, Siskind Susser

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The Office of Special Counsel (OSC) for Immigration-Related Unfair Labor Practices, which is within the Department of Justice, has reached an agreement with Centerplate Inc., a large hospitality company based in Spartanburg, South Carolina, resolving allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA). 


The investigation was initiated based on a referral from the U.S. Citizenship and Immigration Services (USCIS). The investigation concluded that, for at least the past three years, Centerplate engaged in a pattern or practice of treating work-eligible non-U.S. citizens differently from U.S. citizens during the INA's employment eligibility verification processes, including E-Verify, by requiring specific documents issued by the Department of Homeland Security  from non-U.S. citizens, while not making similar requests of U.S. citizens. 


Under the terms of the agreement, Centerplate has agreed to pay $250,000 in civil penalties, the third highest amount paid through settlement since enactment of the INA's anti-discrimination
provision in 1986.  Centerplate has also agreed to fully compensate any victims who lost wages as a result of Centerplate's practices, undergo Justice Department training on the anti-discrimination
provision of the INA, and be subject to monitoring of its employment eligibility verification practices for a period of three years. 


This settlement demonstrates OSC continues to vigorously investigate companies for violations of the INA and is upping the ante on the amount of the fines.

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