ALJ Declines to Award Damages, Civil Penalties in Document Abuse Case : Immigration Law Blog

On December 3, 2020, the Workplace of the Chief Administrative Listening to Officer entered a precedential choice in Martine Mbitaze v. Metropolis of Greenbelt, 13 OCAHO 1345b, a case arising out of the employment discrimination provision of 8 U.S.C. 1324b. In October 2019, Mbitaze had filed a grievance in opposition to the Metropolis of Greenbelt alleging that town had refused to rent her based mostly on her nationwide origin and citizenship standing and had engaged in doc abuse in violation of 8 U.S.C. Sec. 1324b.

Civil Penalties in Doc Abuse Case

On October 1, 2020, the Court docket granted abstract judgment to the Metropolis of Greenbelt on the discrimination claims, however discovered the Metropolis engaged in doc abuse in that it “requested for, and insisted upon, extra paperwork than required” for Mbitaze, who “is a by-product citizen.”

The regulation gives that upon a discovering that an individual or entity has engaged in unfair immigration-related employment apply, the choose should situation an order requiring the particular person or entity to stop and desist from such practices. Different cures, nonetheless, are discretionary.
Mbitaze asserted that the Metropolis ought to be required to coach its workforce about immigration legal guidelines; that it ought to pay a civil financial penalty; {that a} cease-and-desist order ought to be issued; and that she ought to be paid damages for negligent infliction of emotional handle, as she had skilled a lack of enjoyment in life as a result of Metropolis’s actions and the litigation she was compelled to carry.

ALJ Declines to Award Damages

The Court docket discovered that “[R]equests for compensation for emotional misery, humiliation, and punitive damages exceed [] the discussion board’s jurisdiction …” (cites omitted).

Additional, “[w]hile the statute consists of civil financial penalties, these penalties have been imposed solely when the Unites States has introduced the case,” and even then, the “ALJ is to contemplate the totality of the circumstances.” On this case, whereas the Metropolis requested for extra paperwork than required, making it tough for Mbitaze to fulfill the request, she was not disqualified on that foundation.

Having decided that she lacked authority to award damages for negligent infliction for emotional misery and located that civil penalties weren’t needed on this case, the ALJ declined to impose these further cures, and concluded the next:

Respondent is ordered to CEASE AND DESIST its unfair immigration associated employment practices. Respondent can also be ordered to coach all personnel concerned in hiring concerning the necessities of the doc abuse provisions of Sec. 132b(a)(6).

To be taught extra about this weblog submit or when you’ve got another immigration considerations, please be at liberty to contact me at rglahoud@norris-law.com or (484) 544-0022.