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
Navigating the I-9 process can be difficult and mistakes or violations can be costly. The Justice Department today reached a settlement agreement with Farmland Foods Inc., a major producer of pork products in Kansas City, MO, resolving allegations of document abuse and discrimination in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). Farmland has agreed to pay $290,400 in civil penalties, the highest civil penalty paid through settlement since enactment of the INA’s anti-discrimination provision in 1986. The DOJ stated that Farmland engaged in discrimination by imposing unnecessary and excessive documentary requirements on non-U.S. citizens and foreign-born U.S. citizens during the I-9 employment eligibility verification process. The investigation revealed that Farmland required all newly hired non-U.S. citizens and some foreign-born U.S. citizens at its Monmouth, Ill., plant to present specific and, in many cases, extra work-authorization documents beyond those required by federal law. In the case of non-U.S. citizens, Farmland required the presentation of additional work authorization documents, generally by requiring social security cards, even when employees had already produced other documents establishing work authority. In the case of foreign-born naturalized U.S. citizens, Farmland required evidence of citizenship, such as certificates of naturalization or U.S. passports, even when those individuals had other means of proving their work authority. Farmland’s demand for specific or excessive documents to establish work authority.
Our attorneys conduct I-9 trainings for employers and human resources personnel. If you are interested in a training or have questions about the I-9 form please contact our office at info at harms-law.com.
The Justice Department settled allegations of immigration-related employment discrimination against the American Academy of Pediatrics and the Canvas Corporation. These cases are examples that employers cannot go overboard in ensuring that they have a legal workforce or they will run afoul of discrimination laws.
The Immigration and Nationality Act includes a provision designed to protect work-authorized immigrants. When Congress enacted this provision as part of the Immigration Reform and Control Act of 1986, it sought to strike a balance between immigration worksite enforcement and the civil rights of workers. While employers are banned from hiring unauthorized workers, they must also treat all work-authorized individuals the same regardless of citizenship status or national origin.
The Justice Department reached a settlement agreement with the American Academy of Pediatrics (AAP), an organization of 60,000 pediatricians based in Elk Grove Village, Ill., resolving allegations that the organization impermissibly allowed postings on its www.PedJobs.org website that limited applications to U.S. citizens and certain visa holders. AAP has agreed to pay $22,000 in civil penalties, monitor its job postings to ensure that work authorized individuals are treated equally, train its PedJobs personnel about its non-discrimination responsibilities under the INA, and provide periodic reports to the department for three years.
The Justice Department also reached a settlement agreement with Canvas Corporation, a vending company based in Woodbury, N.Y., to settle allegations that Canvas Corporation engaged in a pattern or practice of citizenship status discrimination by preferring to hire only U.S. citizens. The case originated when a lawful permanent resident responded to a Canvas Corporation job advertisement seeking U.S. citizen applicants for vendor positions. According to the department’s findings, Canvas Corporation rejected the resident because she is not a U.S. citizen. Under the terms of the settlement agreement, Canvas Corporation has agreed to pay $10,397 in back pay to the charging party, and $13,400 in civil penalties. Canvas Corporation has also agreed to receive training on the INA’s anti-discrimination provision and to maintain and submit designated employment records to the United States for the two-year term of the agreement.
UC Berkeley’s newspaper, The Daily Californian, reported that the Berkeley-based Pacific Steel Casting Company will be subject to an audit to verify the employment eligibility of its workers by the U.S. Immigration and Customs Enforcement, the investigative arm of the Department of Homeland Security. The audit seeks to verify the employment eligibility of employees through the evaluation of Employment Eligibility Verification Form I-9s that employees submit. The company is the fourth-largest existing steel foundry in the nation, employing a diverse group of workers belonging to approximately 30 different nationalities, according to the company’s website. ICE penalizes employers for knowingly hiring or employing unauthorized workers. ICE has shifted its enforcement focus to employers so it is important that the HR staff is compliant with the current requirements and procedures.
USCIS has updated its handbook for employers regarding the I-9. The updated handbook with helpful information can be found at: http://www.uscis.gov/files/form/m-274.pdf
USCIS has also posted a new I-9 Q&A at: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=330df7c555b2e210VgnVCM100000082ca60aRCRD&vgnextchannel=330df7c555b2e210VgnVCM100000082ca60aRCRD
If you have questions about the I-9 form or are interested in an I-9 training for your HR staff please contact our office at info at harms-law.com.
U.S. Citizenship and Immigration Services (USCIS) has fully implemented the Secure Mail Initiative (SMI), which uses U.S. Postal Service (USPS) Priority Mail with Delivery Confirmation to deliver certain immigration documents in a safe, secure and timely manner. USCIS can now confirm delivery of permanent resident cards and documents pertaining to travel and employment authorization. USCIS customers can also confirm delivery status and delivery address.
Customers who receive notices of approval can contact USCIS’s Customer Service Center at 800-375-5283 to request tracking information for their documents. USCIS customer service representatives will provide customers with their USPS tracking number and current USPS delivery status.
For the full public release see: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ecdd8ae14af210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
After presenting to over 100 international students and scholars at University of California, Davis last week, I promised that I would post my powerpoint online. Please bear with the rest of the site as we undergo a website redesign to offer more immigration resources and news. We should have the H-1B and PERM handouts back online shortly.
Pursuing Work Authorization and Permanent Residence After Graduation
Beginning on September 8, federal contractors and subcontractors are required to use the E-Verify system to verify their employees’ eligibility to work in the United States if their contract includes the Federal Acquisition Regulation (FAR) E-Verify clause. Applicable federal contracts awarded after September 8, 2009 will include a clause committing government contractors to use E-Verify within 30 days of the contract award date. With certain exceptions, E-Verify will only be used to confirm that new hires are legally authorized to work in the United States. The USCIS released a Supplemental Guide on E-Verify For Federal Contractors on September 8, 2009 which contains detailed instructions regarding the use of E-Verify as well as which contractors and subcontractors are covered by this new rule.
Worksite Enforcement | melissa | 
August 30, 2011 9:52 pm | 
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