Immigrant discrimination is a serious offense under U.S. employment laws. In an important ruling to uphold discriminatory employment practices against immigrants, the Department of Justice (DOJ) reached a settlement with a Virginia company that requested a non-citizen provide a Legal Permanent Resident Card (green card) during the hiring process. According to the National Law Review, the potential employee had already provided legally satisfactory documentation for the I-9 documentation requirement for new workers. As part of the settlement, the company agreed
• to pay $9,500.00 in civil penalties to the United States
• pay up to $70,000.00 in back pay to affected workers
• to train its employees on the requirements of the anti-discrimination provisions of the INA
• the company will remain subject to departmental monitoring and reporting requirements
The Immigration & Nationality Act (INA) was originally enacted in 1952 and prohibits employers from discriminating against individuals based on their citizenship or immigration status, or their national origin, during the hiring, firing, recruiting, Form I-9 or E-Verify processes. Failure to comply with these laws can result in prosecution, leading to civil penalties and other sanctions.
What are I-9 Documentation Requirements?
Businesses are required by federal law to document the identity and legal status of every employee. The Employment Eligibility Verification Form – commonly referred to as Form I-9 – provides documentation that an employer verified the employee’s identity and eligibility.
Immigrant discrimination and I-9 compliance are serious issues for employers. It is crucial that employers consider have established I-9 policies at their workplaces to avoid the serious implications surrounding this I-9 compliance. Contact the experienced I-9 immigration attorneys at Godoy Law Office in Cook County and DuPage County today to start exploring your options through a private consultation at 630-912-0322.