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I-9 E-Verify Immigration Compliance

Staffing Company agrees to Pay $175,000 in OSC Settlement

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By: Bruce Buchanan, Sebelist Buchanan Law

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The Justice Departmentís Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has reached an agreement with TEG Staffing Inc., also known as Eastridge Workforce Solutions, a temporary staffing agency headquartered in San Diego, to resolve allegations that they discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA).

The OSCís investigation found that from about March 2014 until about September 2015, Eastridge had a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes. In contrast, Eastridge allowed U.S. citizens to present whichever valid documents they wanted to present to prove their work authorization. Under the INA, all workers, including non-U.S. citizens, must be allowed to choose whichever valid documentation they would like to present from the Lists of Acceptable Documents to prove their work authorization, such as a driverís license and unrestricted Social Security card.
Under the terms of the settlement agreement, which is effective for two years, Eastridge will pay $175,000 in civil penalties, attend training by the OSC through a webinar on anti-discrimination provisions, and undergo department monitoring and review of its processes for verifying the work authorization of newly hired employees.

This settlement is just another example of the OSCís strict enforcement of the INA with large civil penalties.

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