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I-9 E-Verify Immigration Compliance

OSC Settles with Villa Rancho Bernardo Care Center concerning Immigration Discriminat

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By: Bruce Buchanan, Sebelist Buchanan Law

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The Office of Special Counsel for Immigrated-Related Unfair Employment Practices (OSC), a division of the Justice Department, reached a settlement agreement with Villa Rancho Bernardo Care Center (VRB), a skilled nursing facility in San Diego, resolving a claim of discrimination against work authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA).

The OSC’s investigation found VRB discriminated against lawful permanent residents (green card holders) by requiring them to produce specific documents to prove their work authorization, while permitting U.S. citizens to show any valid work authorization documentation they chose. Specifically, during the interview and hiring processes, VRB requested that lawful permanent residents produce a permanent resident card. Lawful permanent residents are not required to show employers their permanent resident cards to work. Rather, like all other work-authorized employees, they can present their choice of valid documentation from the USCIS’s Lists of Acceptable Documents to establish their identity and work authorization. For example, lawful permanent residents can establish their work authorization by presenting a state or federal identification document and an unrestricted Social Security card.

Under the settlement agreement, VRB will pay $24,000 in civil penalties to the United States, undergo OSC-provided webinar training on the anti-discrimination provision of the INA and be subject to monitoring requirements by the OSC for a period of one year.

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Updated 06-02-2016 at 10:56 AM by BBuchanan

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