ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

I-9 E-Verify Immigration Compliance

IER Settles Immigration-Related Discrimination Claim Against Levy Restaurants

Rate this Entry
By: Bruce Buchanan, Sebelist Buchanan Law

Click image for larger version. 

Name:	LEVY_header.jpg 
Views:	30 
Size:	6.6 KB 
ID:	1170

The Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, reached a settlement agreement with Levy Premium Foodservice Limited Partnership d/b/a Levy Restaurants. The settlement resolves the investigation of a charge filed by the charging party, a lawful permanent resident, against Levy’s Barclay Center restaurant in Brooklyn, New York, alleging discrimination in violation of the Immigration and Nationality Act (INA).

The IER concluded that Levy discriminated against two lawful permanent residents by improperly reverifying their employment eligibility because of their immigration status. It also determined that Levy improperly required them to present specific types of documents to re-establish their employment eligibility and suspended the charging party when he was unable to present such a document.

The anti-discrimination provision of the INA prohibits employers from subjecting employees to unnecessary documentary demands based on the employee’s citizenship, immigration status or national origin.

Levy cooperated throughout the investigation, quickly reinstated the charging party, and restored his lost wages and leave benefits. Under the settlement, Levy must pay a civil penalty of $2,500 to the United States, undergo IER-provided training on the anti-discrimination provision of the INA, and be subject for one year to IER monitoring and reporting requirements – providing the I-9 forms of all non-U.S. employees hired during this period of time to IER for review as to whether Levy Restaurants is abiding by the law.

This settlement demonstrates the need for employers to be careful as to the presentation of documentation by employees. Employers may not demand the presentation of certain documents, such as a green card. Rather, it is up to each individual employee to choose document(s) that are listed on the List of Acceptable documents.

Submit "IER Settles Immigration-Related Discrimination Claim Against Levy Restaurants" to Facebook Submit "IER Settles Immigration-Related Discrimination Claim Against Levy Restaurants" to Twitter Submit "IER Settles Immigration-Related Discrimination Claim Against Levy Restaurants" to Google Submit "IER Settles Immigration-Related Discrimination Claim Against Levy Restaurants" to StumbleUpon Submit "IER Settles Immigration-Related Discrimination Claim Against Levy Restaurants" to Reddit Submit "IER Settles Immigration-Related Discrimination Claim Against Levy Restaurants" to Digg Submit "IER Settles Immigration-Related Discrimination Claim Against Levy Restaurants" to del.icio.us

Comments

Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: