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I-9 E-Verify Immigration Compliance

OSC Settles Document Abuse Case Against Janitorial Company; by Bruce Buchanan

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The Justice Department, through the Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices, has reached a settlement with Master Klean Janitorial of Denver, Colorado. The settlement resolves claims that the company engaged in discriminatory documentary requests based on citizenship status, in violation of the Immigration and Nationality Act (INA).

An investigation found Master Klean Janitorial subjected work-authorized non-U.S. citizen new hires to unlawful demands for specific documentation issued by the U.S. Department of Homeland Security in order to verify their employment eligibility, while U.S. citizens were allowed to present their choice of documentation. The INA’s anti-discrimination provision prohibits employers from placing additional documentary burdens on work-authorized employees during the hiring and employment eligibility verification process based on their citizenship status or national origin.

Under the settlement agreement, Master Klean Janitorial will pay $75,000 in civil penalties to the United States, undergo training on the anti-discrimination provision of the INA, revise its employment eligibility verification policies and be subject to monitoring of its employment eligibility verification practices for one year.

The investigation into Master Klean Janitorial is an example of information sharing between government agencies, and follows other investigations that have come from referrals by U.S. Citizenship and Immigration Services (USCIS). USCIS referrals are based on alleged abuses or discrepancies within the E-Verify system.

A copy of the settlement agreement is available here.

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Updated 05-23-2014 at 11:02 AM by BBuchanan

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