Department of Justice Settles Immigration-Related Discrimination Claim : Immigration Law Blog

On June 15, 2021, the Division of Justice introduced that it had reached a settlement with Tecon Companies Inc. (Tecon), an industrial fireproofing, portray, and insulation contractor from Texas. A naturalized U.S. citizen of Venezuelan origin raised an immigration-related discrimination criticism with the Civil Rights Division, claiming Tecon refused to just accept her U.S. passport for verification of U.S. citizenship.

The Immigration-Associated Discrimination Declare

The Division’s investigation revealed that to confirm the employee’s authorized rights as a United States citizen, Tecon refused to just accept her U.S. passport as ample verification, however demanded extra, pointless paperwork. Tecon made this demand primarily based on the employee’s Venezuelan nationwide origin.

“Firms can’t reject legitimate identification and work authorization paperwork due to a person’s nationwide origin,” mentioned Assistant Lawyer Normal Kristen Clarke of the Justice Division’s Civil Rights Division. “This settlement makes clear that the Justice Division will vigorously implement federal civil rights legal guidelines to guard staff from unlawful discrimination.”

The Division of Justice Settlement

Beneath the phrases of the settlement, Tecon pays a $1,542 civil penalty to the US and $4,263.75 again pay and curiosity to the affected employee. Tecon may even be topic to monitoring primarily based on the phrases of the settlement. Tecon will revise its insurance policies and prepare its related staff on anti-discrimination necessities underneath the Immigration and Nationwide Act (INA).

INA Listing of Acceptable Paperwork

Federal legislation requires all employers to finish Type I-9 and E-Confirm guidelines constantly, no matter an worker’s citizenship, immigration standing, or nationwide origin. Part 2 of Type I-9 contains the lists of acceptable paperwork that employers could use for such worker verification functions.

INA expressly prohibits employers from requesting extra or completely different paperwork than these listed within the Type I-9 to show work authorization. Requiring extra paperwork primarily based on citizenship standing or nationwide origin may result in discrimination by the employer.

The Civil Rights Division’s Immigrant and Worker Rights Part (IER) is the company chargeable for guaranteeing the enforcement of INA’s anti-discrimination provision. The statute prohibits discrimination primarily based on citizenship, immigration standing, and nationwide origin in hiring, or recruitment, or referral for a price; unfair documentary practices; and retaliation and intimidation.

To be taught extra about this weblog publish or you probably have another immigration issues, please be happy to contact me at rglahoud@norris-law.com or (484) 544-0022.