Company Slapped with $220,000 Civil Penalty for Discriminatory Hiring : Immigration Law Blog

On Could 26, 2021, the Division of Justice (DOJ) introduced that after investigation, it had reached a settlement with LNK Worldwide, Inc. (LNK), a New York-based firm that manufactures over-the-counter prescribed drugs, concerning discriminatory hiring practices. This settlement was reached to resolve the DOJ’s declare that LNK violated the Immigration and Nationality Act (INA) by discriminating towards work-authorized non-U.S. residents.

“Employers can not discriminate towards workers due to their citizenship standing, immigration standing, or nationwide origin when verifying that workers are licensed to work in america,” mentioned Assistant Legal professional Common Kristen Clarke of the Civil Rights Division. “The Justice Division appears ahead to working with LNK to make sure its compliance with the INA’s anti-discrimination provision so that each one workers are topic to the identical guidelines for proving their capability to work in america.”

DOJ’s Investigation on LNK’s Discriminatory Hiring

The investigation revealed that LNK routinely requested sure particular paperwork from lawful everlasting residents as proof of authorization to work within the U.S. The investigation decided that LNK required workers with lawful everlasting residence standing to indicate their card as proof of capability to work, whereas they gave the U.S. residents an entire record of acceptable paperwork to select from. LNK additionally had an illegal coverage of requiring refugees and asylees with legitimate work authorization to indicate their work authorization paperwork infrequently, though the non-citizens had already established their ongoing authorizations.

The Settlement

Beneath the phrases of the settlement, LNK pays the division $220,000 as a civil penalty. Additional, LNK will prepare its workers on the INA’s anti-discrimination provision and supply intensive coaching within the Immigrant and Worker Rights (IER) Part. LNK may even be topic to a three-year timeframe to adjust to the settlement settlement.

The Civil Rights Division’s IER is the authority liable for imposing the anti-discrimination provision within the INA. The statute prohibits discrimination in nature – discrimination based mostly on citizenship standing, nationwide origin discrimination in hiring, firing, recruitment or referral for a price, unfair documentary course of, retaliation, and intimidation.

Work Authorization for Non-Residents in america

A number of classes of non-citizens have the authorization to work legally within the U.S. These non-citizen classes embrace authorized everlasting residents, refugees, asylees, non-citizens with work visas, dependents of sure non-citizens, and so on. Based on federal legislation, residents and non-citizens alike can select from amongst a listing of paperwork to show that they’re legally licensed to work within the U.S. The INA’s anti-discrimination insurance policies prohibit employers from discriminating towards non-citizen workers.

To be taught extra about this weblog publish or if in case you have some other immigration considerations, please be happy to contact me at rglahoud@norris-law.com or (484) 544-0022.