The Justice Department (DOJ) recently announced that it has reached an agreement with a Salt Lake City based company, resolving claims that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA).
The DOJ’s investigation arose following allegations made by a work-authorized individual that the company had rejected the employee’s valid driver’s license and unrestricted Social Security card and required him to produce a Department of Homeland Security Employment Authorization Document (EAD), both at the time of initial hire and when subsequently re-verifying his employment authorization. The anti-discrimination provision of the INA prohibits employers from using discriminatory documentary policies, procedures or requirements based on citizenship status or national origin when initially determining or subsequently re-verifying an employee’s authorization for employment.
Under the terms of the settlement agreement, the company has agreed to pay over $9000 in back pay to the victim and $1,200 in civil penalties to the United States, undergo training on the anti-discrimination provision of the INA and be subject to monitoring of its employment eligibility verification practices for a period of one year.
Ensuring proper compliance with Employment Eligibility Verification is a key responsibility of U.S. employers. Contact VisaPro to learn more about an employer’s legal obligations and how to properly comply with immigration requirements.