Asking for Too Many Documents in the Hiring Process Can Get You in Trouble

The Justice Department today reached a settlement agreement with Kinro Manufacturing Inc. in Indiana, resolving allegations  of discrimination against work-authorized non-citizens in the employment eligibility verification process. The company is a manufacturer of components for recreational vehicles and manufactured homes.

Under the terms of the settlement agreement, Kinro Manufacturing will pay a $25,000 civil penalty and $10,000 in back pay to the injured party.  They will also alter their practices, train human resources personnel, and provide periodic reports to the department for one year.

According to the department’s findings, the company subjected newly hired non-U.S. citizens to excessive demands for documents  in order to verify their employment eligibility, but did not require U.S. citizens to show the same documentation. The charging party, a lawful permanent resident, filed his charge of discrimination after he was required to provide additional proof of his employment eligibility not required by law before he could begin work at the company. The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from placing additional documentary burdens on workauthorized employees during the hiring and employment eligibility verification process based on their citizenship status or national origin.

If you have questions about the employment eligibility verification process please contact our office at info at harms-law.com.

The DOJ press release can be found at: http://www.justice.gov/opa/pr/2011/August/11-ag-1098.html