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I-9 E-Verify Immigration Compliance

OSC Settles with IG concerning discrimination; by Bruce Buchanan, Siskind Susser

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The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) reached an agreement with Infinity Group (IG), based in Clute, Texas and its related entities resolving allegations that the companies violated the anti-discrimination provision of the Immigration and Nationality Act (INA). IG provides project-based temporary skilled labor to client companies. IG entities, which utilized E-Verify, required non-citizens to present specific U.S. Department of Homeland Security-issued documents, such as Permanent Resident cards or Employment Authorization documents (EADS) to establish their identity and employment authorization while not making similar requests of U.S. citizens. Under the settlement agreement, IG will pay $53,800 in civil penalties to the United States; create a $35,000 back pay fund to compensate any individuals who suffered lost wages as a result of its practices; and train its human resources personnel on the INA’s anti-discrimination provision. This is approximately the 15th settlement that OSC has reached with employers in 2013, an indication of the high level of enforcement by OSC concerning the INA’s anti-discrimination provision. Employers should realize that their use of E-Verify can be a great benefit but it does not mean they cannot violate the immigration laws.

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