The Justice Department announced today that it has secured a settlement agreement with Florida-based Destin Wings LLC, doing business as Hooters of Destin (Destin Wings). The settlement resolves the department’s determination that Destin Wings violated the Immigration and Nationality Act (INA) by discriminating against a non-U.S. citizen when checking her permission to work in the United States.
“While employers are legally obligated to verify every new hire’s permission to work in the United States, they cannot discriminate based on the employee’s citizenship status or national origin in the process,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue to vigorously combat unlawful discrimination in the workplace and dismantle unnecessary obstacles to work.”
The department’s investigation began when a worker, a non-U.S. citizen, complained that Destin Wings refused to accept her valid documentation proving her permission to work and demanded additional documentation. Although she had permission to work in the United States, she was not able to obtain one of the documents that Destin Wings required because of her citizenship status. The INA’s anti-discrimination provision prohibits employers from asking for specific documents, or more documents than necessary, because of a worker’s citizenship, immigration status or national origin. Employers must allow workers to present whatever...
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