The Assistant Attorney General for the Civil Rights Division stated “The Immigration and Nationality Act’s (INA) anti-discrimination provision protects all authorized workers from unfair documentary requests during the Form I-9 process. The Justice Department is committed to stopping workplace discrimination against citizens and work-authorized non-citizens alike.”
It was announced yesterday the Justice Department reached a settlement agreement with Collins Management Corporation, a forestry products company in Oregon, resolving allegations that it unlawfully fired and later refused to rehire a lawful permanent resident in violation of the anti-discrimination provision of the INA. According to the department’s findings, Collins insisted that a lawful permanent resident present an unexpired permanent resident card for Form I-9 purposes, even though the individual had already presented his driver’s license and unrestricted Social Security card to the employer. The department also found that the company fired the individual when he was unable to present an unexpired green card and the company refused to consider him for re-hire two months later because the company believed he did not possess proper documentation.
As part of the settlement agreement, Collins agreed to pay $15,000 in back pay to the former employee and a $600 civil penalty to the federal government. The company also agreed to train its managers and human resources representatives regarding compliance with the anti-discrimination provision of the INA.
The Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices is responsible for enforcing the INA anti-discrimination provision. If you have questions regarding anti-discrimination under federal immigration law or if you would like more information about protections against employment discrimination, call 1-800-255-7688 (OSC’s worker hotline) or 1-800-255-8255 (OSC’s employer hotline).