On August 13, 2021, the Department of Justice (DOJ) announced that it reached a settlement with an Iowa-based nursing home and their management company resolving their claim that these companies violated the Immigration and Nationality Act (INA) by discriminating against a Latino employee based on assumptions that the worker was not a U.S. citizen.
Based on the DOJ’s investigation, it was determined that while verifying a new employee’s legal right to work in the United States, the two companies rejected the U.S. citizen’s valid driver’s license and unrestricted Social Security card. The investigation further concluded that the companies demanded that the worker instead present a Permanent Resident Card based on the companies’ incorrect belief that the worker was not a U.S. citizen, and therefore, not eligible for a Permanent Resident Card. Additionally, the department determined that these documentary demands resulted in the end of the worker’s employment.
The INA’s anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship status or national origin. Instead, all work-authorized individuals, regardless of citizenship status or national origin, may choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States.
Under the terms of the settlement agreement, the Iowa-based nursing home and their management company will pay a civil penalty to the United States, pay the injured worker back pay plus interest, and train relevant employees on the INA’s antidiscrimination provision.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated, “Employers must treat all workers fairly and consistent with the law, without making assumptions about a worker’s citizenship based on appearance or Hispanic national origin. The Civil Rights Division is committed to ensuring that workplaces are free of discrimination.”
The Civil Rights Division’s Immigration and Employee Rights Section (IER) is responsible for enforcing the antidiscrimination provision of the INA. The statute prohibits citizenship or immigration status or national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
A brief video to learn about IER’s work and how to get assistance can be accessed at How Does the Immigrant and Employee Rights Section Protect Your Rights? | CRT | Department of Justice.
Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify) or who were subjected to retaliation can file a charge.
The public can also contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); or email IER@usdoj.gov.
The DOJ’s Civil Rights Division free webinars for both human resource representatives and for workers or their advocates can be accessed at Webinars (justice.gov).
Compliance Perspective
Issue
All employers must enforce the antidiscrimination provision of the Immigration and Nationality Act. It is imperative that employees with the responsibility for verifying and documenting individuals’ rights to work in the U.S. are well versed in the antidiscrimination provision of the INA. Violations of the INA can result in civil and monetary penalties.
Discussion Points
- Review your policies and procedures for enforcing the provisions of the Immigration and Nationality Act. Update the policies as needed.
- Train all appropriate staff on the Immigration and Nationality Act and your policy and procedure to prevent discrimination in hiring and other employment practices. Document that these trainings occurred and file each signed document in the individual employee’s education file.
- Periodically audit to ensure that discrimination has not occurred in the verification and documentation process of screening applicants for hire and thereafter.
