Aviation services company to pay $41K to resolve discrimination complaint

Employer allegedly requested improper documents from work-authorized immigrants

Posted May 17, 2016

The Department of Justice (DOJ) announced it has reached an agreement with an aviation service company based out of Ohio. The agreement resolves allegations that the company violated the antidiscrimination provision of the Immigration and Nationality Act (INA) by discriminating against work-authorized immigrants. Under the settlement agreement, the company must pay a $41,480 civil penalty.

The DOJ’s investigation found the company improperly required newly hired, work-authorized non-U.S. citizens to present specific documents to prove their employment eligibility that it did not require of similarly-situated U.S. citizens.

The investigation further found that existing employees who were legal permanent residents were subjected to unnecessary post-employment reverification of their employment eligibility because of their immigration status and that employees who had become naturalized U.S. citizens after they were hired were required to present more and different documents than necessary to establish their citizenship status.

The INA’s antidiscrimination provision prohibits employers from discriminating based on citizenship, immigration status, or national origin when verifying an employee’s employment authorization.

In addition to paying the civil penalty, the agreement states that the company must train its human resources staff on the antidiscrimination provision of the INA and be subject to monitoring by the DOJ for a period of two years.


 

I-9 and E-Verify Essentials ManualJ. J. Keller's I-9 and E-Verify Essentials Manual contains up-to-date info on new Form I-9 requirements and the entire employment authorization process.

 

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