30 Dec 2011
DOJ settles case against company that demanded "green card" from Latino U.S. citizen
"The
Justice Department announced a settlement today with Garland Sales
Inc., a Georgia rug manufacturer, resolving allegations that it engaged
in discrimination by imposing unnecessary documentary requirements on
individuals of Hispanic origin when establishing their eligibility to
work in the United States, and that it retaliated against a worker for
protesting his discriminatory treatment.
According to the settlement, Garland has agreed to pay $10,000
in back pay and civil penalties, and to undergo training on proper
employment eligibility verification practices. In its complaint, the department alleged that the charging party, a
naturalized U.S. citizen of Hispanic descent, applied for a job with
Garland in May 2009.
At the time of hire, he presented his unexpired driver’s
license and an unrestricted Social Security card—a combination of
documents sufficient to prove his identity and his authorization to work
in the United States. The complaint alleged that Garland demanded that
the he provide his “green card,” even though U.S. citizens do not have
green cards.
After Garland made further requests for documents, the worker
objected to the company’s demands, and Garland then rescinded the job
offer.
The worker, along with another individual who was denied
employment with Garland when the company rejected the individual’s valid
documentation, will receive full back pay out of the $10,000
settlement. The department’s complaint also alleged that Garland required newly
hired non-U.S. citizens and foreign-born U.S. citizens to present
specific and additional work authorization documents beyond those
required by federal law.
The Immigration and Nationality Act (INA) requires employers to
treat all authorized workers in the same manner during the hiring
process, regardless of their national origin or citizenship status. “Employers may not treat authorized workers differently during the
hiring process based on their national origin or citizenship status,”
said Thomas E. Perez, Assistant Attorney General for the Civil Rights
Division.
“It is also illegal when employers take action against workers
for asserting their federally protected rights, and that type of
behavior will be vigorously investigated and prosecuted.” The Office of Special Counsel (OSC) for Immigration Related Unfair
Employment Practices is responsible for enforcing the
anti-discrimination provision of the INA, which protects work authorized
individuals from employment discrimination on the basis of citizenship
status or national origin discrimination, including discrimination in
hiring and the employment eligibility verification (Form I-9) process.
For more information about protections against employment discrimination
under the immigration law, call 1-800-255-7688 (OSC’s worker hotline)
(1-800-237-2525, TDD for hearing impaired), 1-800-255-8255 (OSC’s
employer hotline) (1-800-362-2735, TDD for hearing impaired), or
202-616-5594;
emailosccrt@usdoj.gov, or visit OSC’s website at www.justice.gov/crt/about/osc
." - DOJ, Dec. 30, 2011.