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I-9 E-Verify Immigration Compliance

OSC Settles Claim against Postal Express

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By Bruce Buchanan, Siskind Susser

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The Justice Department’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), has reached a settlement agreement with Postal Express Inc., a delivery and logistics company located in Oregon, Washington and Idaho. The agreement resolves a charge filed by an employee with the OSC claiming that the company discriminated against a non-U.S. citizen in violation of the Immigration and Nationality Act (INA).

The OSC’s investigation found that Postal Express required a Lawful Permanent Resident (LPR), who is permanently work authorized by virtue of that status, to produce a new Permanent Resident Card (green card) to re-verify his employment eligibility even though the employee had already provided sufficient documentation to prove his authorization to work in the United States and is not subject to re-verification. The OSC found that Postal Express suspended the employee when he failed to produce a new green card.

Under the terms of the settlement agreement, the company agreed to pay a civil penalty of $1,000. The company reinstated the suspended employee and paid him lost wages at the start of OSC’s investigation. The company also has agreed to have all HR personnel attend OSC’s training on the anti-discrimination provision of the INA through a remote webinar presentation, to revise company policies to avoid discrimination in the employment eligibility verification process, and to post for three years an OSC poster – “If You Have the Right to Work.”

This settlement is a reminder that employers need to be careful as to who needs to be re-verified as work authorized. Employees with Permanent Resident Cards should not be re-verified while employees with an Employment Authorization card must be re-verified

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