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I-9 E-Verify Immigration Compliance

OSC Settles Dual Citizenship Discrimination Claim

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) reached a settlement with The Data Entry Company Inc. (TDEC), a government subcontractor located in Bethesda, Maryland. This case is unique because it involved a claim of discrimination based on dual citizenship.

The OSC’s investigation found that on two occasions TDEC removed a U.S. citizen from its pool of applicants because she was a dual citizen, in violation of the Immigration and Nationality Act (INA). Under the INA’s anti-discrimination provision, employers may not discriminate in hiring on the basis of citizenship status unless required by law, regulation, executive order or government contract.

Under the settlement agreement, TDEC will pay $7,007.75 in back pay to the charging party and a $750 civil penalty to the United States. For the next two years, the company must also send all current human resources personnel and all new human resources personnel to attend a compliance training webinar presented by the OSC.

TDEC further agreed not to remove dual citizen applicants from consideration for jobs that are open to other U.S. Citizens and for which a basic security clearance or higher level security clearance is required on the basis of their dual citizenship. This requirement will not apply if an applicable government contract prohibits employment of a dual U.S. Citizen, or if the company has received written notification from the government directly or indirectly stating that candidates with dual citizenship are not acceptable.

A copy of The Data Entry Company Inc. settlement agreement can be viewed here.

ABOUT THE AUTHOR: Bruce Buchanan is an attorney with the law firm of Siskind Susser P.C. - www.visalaw.com - a full service U.S. immigration law firm representing employers and individuals nationwide for over 20 years. You can also follow Bruce on social media via Facebook and on Twitter @BuchananVisaLaw .

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Comments

  1. Retired INS's Avatar
    This still raises questions. How did the company know the applicant was a dual citizen? Why would then think a dual citizen does not have full rights of citizenship. I attended the very first employer sanctions conference held by the INS and supervised employees working employer sanctions cases. I think the penalty is too small. In some ways this is worse than knowingly hiring illegal aliens. To knowingly deprive a U.S. citizen of the right to apply for a job is outrageous.
  2. Retired INS's Avatar
    After the passage of employer sanctions there were many U.S. citizens who lacked proof of their citizenship. I complained to the INS senior management that something is wrong when I can grant employment authorization to an illegal alien, but not to a U.S. citizen. I had complained in 1983 when the INS stopped issuing U.S. citizen ID cards. I argued that these would be needed if proposed laws went through. The proposed law became employer sanctions a few years later, but my advice was ignored and the INS issued U.S. citizen ID card was discontinued in 1983.
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