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I-9 E-Verify Immigration Compliance

Office of Special Counsel Settles Lawsuit against Casino for Unlawful Immigration Practices; by Bruce Buchanan, Siskind Susser

Rating: 6 votes, 5.00 average.

Tuscany Hotel and Casino LLC in Las Vegas has resolved a lawsuit, filed by the DOJ's Office of Special Counsel for Immigration-Related Practices, which alleged that the casino discriminated in
the employment eligibility verification and reverification process.  


The lawsuit, filed on May 11, 2012, alleged Tuscany treated non-citizens differently from U.S. citizens during the employment eligibility verification and reverification process.   The complaint alleged the casino required non-citizen employees to provide more or different documents or information than it required from citizen employees during the initial employment eligibility
verification process.  According to the complaint, the company then used the documents or information it gathered to impose improper document requests on noncitizens during the reverification process as a condition of continued employment.    The complaint further alleged that the casino subjected non-citizen employees' documents to a heightened review process by senior human resources representatives that was not applied to documents presented by U.S. citizens.      


Under the settlement agreement, Tuscany will pay $49,000 in civil penalties to the United States and full back pay to a victim.  Tuscany also agreed to implement new employment eligibility verification policies and procedures that treat all employees equally regardless of citizenship status, conduct training of its human resources staff on their responsibilities to avoid discrimination in the
employment eligibility verification process, and be subject to reporting and monitoring requirements.


This is just another example of the Office of Special Counsel cracking down on employers.  Remember it is important to treat citizens and non-citizens alike in the I-9 process.

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