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I-9 E-Verify Immigration Compliance

OSC Settles Discrimination Claim against Advantage Home Care; by Bruce Buchanan, Siskind Susser

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The Office of Special Counsel of the Department of Justice has reached an agreement with Advantage Home Care LLC, a home health care provider based in Hackensack, N.J., resolving
claims that the company violated the Immigration and Nationality Act (INA), when it required newly-hired lawful permanent residents to provide more or different documents during the Form I-9 employment eligibility verification process.


The investigation stemmed from a charge filed by an individual after Advantage Home Care had a
criminal background check run that erroneously concluded the individual's Social Security number was invalid.  The individual visited the Social Security Administration, which told him that his number was valid, but Advantage Home Care still refused to employ him based on the background check. The subsequent investigation revealed Advantage Home Care imposed greater requirements to verify employment eligibility for lawful permanent residents than U.S. citizen employees.  


Under the settlement agreement, Advantage Home Care will pay $1,633 in back pay to the individual charging party and $46,575 in civil penalties to the United States.  The company will also work with the OSC to identify and pay back pay to additional potential victims that suffered economic harm as a result of the practice. 

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