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I-9 E-Verify Immigration Compliance

Home Health Care Company and OSC Settle Discrimination Claim

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By: Bruce Buchanan, Sebelist Buchanan Law

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The Justice Department’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has reached a settlement with Freedom Home Care, Inc. resolving allegations that Freedom discriminated against its employees in violation of the Immigration and Nationality Act (INA).

The OSC’s investigation found that Freedom Home Care had a practice of rejecting work authorization documents from non-U.S. citizens while accepting them from U.S. citizens. The INA’s anti-discrimination provision prohibits employers from making specific documentary demands based on citizenship or national origin when verifying an employee’s authorization to work.

Under the settlement agreement, Freedom Home Care will pay $832 in back pay and $400 in civil penalties to the United States to compensate the Charging Party for the discrimination.

The settlement agreement also requires Freedom Home Care to undergo compliance monitoring for one year, all HR personnel and managerial employees shall join OSC’s e-mail distribution list and attend a webinar conducted by OSC on the INA’s anti-discrimination provision.

This settlement is one of the lightest punishments that an employer has received from the OSC in the last year.
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Updated 02-11-2016 at 11:17 AM by BBuchanan

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