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I-9 E-Verify Immigration Compliance

OSC Settles Immigration Claim Against Construction Company

Rating: 2 votes, 5.00 average.
By Bruce Buchanan, Siskind Susser

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The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), within the Justice Department, has reached a settlement with Constructor Services Inc. (CSI), located in the Atlanta, Georgia metropolitan area. The settlement resolves a claim that the company engaged in discriminatory documentary practices during the employment eligibility verification process in violation of the Immigration and Nationality Act (INA).

An investigation found that CSI required non-U.S. citizens, but not similarly-situated U.S. citizens, to produce specific documentary proof of their immigration status for the purpose of verifying their employment eligibility. The INA’s anti-discrimination provision prohibits employers from making additional and unauthorized documentary demands based on citizenship status or national origin when verifying or re-verifying an employee’s employment eligibility.
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As part of the OSC settlement agreement, CSI will pay $18,000 in civil penalties to the United States and revise its employment eligibility re-verification policies. Further the company will be subject to monitoring of its employment eligibility verification practices for the next two (2) years and will be required to do the following:

1) Advise OSC of any changes in the company’s employment policies as they relate to nondiscrimination on the basis of citizenship status and national origin at least thirty (30) days prior to the effective date of such revised policies;

2) Ensure that all individuals who are responsible for formulating, carrying out, and/or conducting training on the company’s employment eligibility verification and re-verification policies, including all supervisors, managers, administrators, or other employees who have any role making or communicating employment eligibility verification matters, such as completing the Form I-9 and/or using the E-Verify system ("Human Resources Personnel"), are in possession of the most current version of the Form I-9, USCIS Employment Eligibility Verification Handbook for Employers and the most current USCIS E-Verify Manual; and

3) Send all new Human Resources Personnel to attend compliance training approved by the Office of Special Counsel – which will be video recorded and shown to all new Human Resources Personnel within sixty (60) days of hire.

This is one of many OSC settlements in 2014 alleging a company had different standards for non-U.S. citizens and U.S. citizens.

A copy of the CSI settlement agreement can be viewed here.

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