September 12, 2024
The Department of Justice’s (DOJ’s) Immigrant and Employee Rights Section (IER) settled a lawsuit with a Green Bay, Wisconsin-based transportation management company. The agreement addressed allegations that the company withdrew a job offer due to an applicant’s citizenship status.
This agreement will resolve claims that the employer violated the Immigration and Nationality Act (INA). According to the settlement, the company must pay a civil fine, provide additional employee training, and make other changes. The IER enforces the INA’s anti-discrimination provisions. As such, the department ensures that companies do not discriminate against employees in hiring, firing, or recruitment processes. The INA protects employees from discrimination based on citizenship status and national origin, unfair documentary practices, and retaliation and intimidation.
The Assistant Attorney of the Justice Department’s Civil Rights Division, Kristen Clarke, also explained the significance of the INA. She announced, “Employers cannot unlawfully exclude people with permission to work in the United States because of their citizenship status.” The Assistant Attorney added, “The department is committed to ensuring that employers do not unlawfully deny workers equal treatment in the workplace.”
As a department of the DOJ’s Civil Rights Division, the IER investigated the worker’s complaint against the company. The IER’s investigation revealed that the employer requested a third-party staffing agency to fill an open position. The company also rescinded an offer of employment through this staffing agency. According to the investigation, the rejection happened because the employer discovered the worker was not a U.S. citizen. As such, the IER determined that the employer had no legal justification for withdrawing the offer of employment.
During the IER’s investigation, the transportation management company and staffing agency provided monetary compensation to the impacted worker. As such, the settlement will not require the company to settle back pay. However, the company must pay the U.S. treasury a civil penalty of $4,610. It must also provide its employees with additional training on the anti-discrimination statutes of the INA, revise its current employment policies, and undergo continuous monitoring by the DOJ.
Compliance with the INA’s requirements has proven challenging for many, especially with the employment eligibility verification (Form I-9) process. One way to avoid these challenges is by incorporating an electronic I-9 management system into the hiring and onboarding process. This system helps employers through the initial employment eligibility verification and reverification processes when necessary. It can also provide helpful reminders and convenient digital storage for forms and documentation.