DOJ settles citizenship discrimination claim against Penn. employer

"The Justice Department announced today that it has reached a settlement agreement with S.W.J.J. Inc., or Sernak Farms, based in Weatherly, Penn., to settle allegations that Sernak engaged in discrimination on the basis of citizenship status by preferring to hire temporary visa holders over U.S. citizen applicants and adversely treating its U.S. citizen employees.   The underlying charge was filed by Philadelphia Legal Assistance on behalf of eight U.S. citizens residing in Puerto Rico.  The Department of Justice investigation indicated that Sernak hired three foreign national workers under the H2-A visa program without considering hiring three of the eight U.S. citizens because of the belief that H2-A visa holders are more diligent than U.S. workers.   Of the five U.S. citizens it did hire, the department’s investigation suggested that Sernak treated them differently than Sernak’s foreign national employees in their terms and conditions of employment, and then dismissed them because of their citizenship status." - DOJ, Dec. 13, 2011.