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OCAHO on Citizenship Discrimination: USA v. Estopy Farms

June 15, 2015 (1 min read)

"Jerry Estopy and Manuel Bortoni d.b.a. Estopy Farms simply passed over a qualified U.S. citizen in favor of hiring temporary H-2A workers from Mexico. ... [N]othing in this forum’s governing statute or regulations mandates that a U.S. citizen be afforded any preference over an equally qualified alien individual. 8 U.S.C. § 1324b(a)(4). Both the certification process and this forum’s statute are on the same page, however, in mandating that U.S. workers are not to be discriminated against in favor of foreign workers. 8 U.S.C. § 1324b(a)(1)(B). That is precisely what happened here.  ORDER: Jerry Estopy and Manuel Bortoni, individually and d.b.a. Estopy Farms, are liable for engaging in an immigration-related unfair employment practice in violation of 8 U.S.C. §1324b(a)(1)(B). OSC will have until July 10, 2015 to present its requests as to civil money penalties, and as to the contours of an appropriate cease and desist order." - USA v. Estopy Farms, June 10, 2015.