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I-9 E-Verify Immigration Compliance

OSC Reaches 3 Settlements at end of FY 2013; by Bruce Buchanan, Siskind Susser

Rating: 3 votes, 5.00 average.
At the end of Fiscal Year 2013, the Office of Special Counsel for Immigration-Related Unfair Employment Practices reached settlements with three companies – Paramount Staffing, IBM and Huber Nurseries. In the Paramount Staffing case, the investigation revealed the company was routinely requiring specific, DHS-issued documentation for lawful permanent residents while not doing so for U.S. Citizens. In the IBM case, it placed on-line job postings for application and software developers that contained preferences for F-1-OPT and H-1B visa holders over others, such as U.S. Citizens and lawful permanent residents (LPRs). Huber Nurseries’ requirements were similar in that it preferred to hire temporary visa holders, specifically H-2A visa holders. The anti-discriminatory provision of the INA prohibits employers from using discriminatory documentary policies or requirements based on citizenship status. All of the above practices allegedly violated this anti-discriminatory provision. Each of the employers settled their case by paying civil penaltiesand/or back pay, agreeing to revise its hiring and recruiting procedures, training HR personnel to comply with the INA and being subject to reporting requirements. Huber Industries paid $2250 in civil penalties and $59,617 in back pay; IBM paid $44,400 in civil penalties; and Paramount Staffing paid $21,000 in civil penalties.

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