The Department of Justice recently announced a settlement agreement with a home care provider based in Washington State. The settlement resolves claims that the company engaged in discriminatory practices against noncitizens through its E-Verify practices. The announcement underscores the severe consequences of violating the anti-discrimination provisions of the Immigration and Nationality Act (“INA”).
According to the Department of Justice, an investigation into the Washington-based company revealed the company discriminated against noncitizens through its use of the E-Verify system, an electronic program that enables enrolled employers to confirm their employees’ permission to work in the United States. Government officials determined the company utilized the E-Verify system to confirm it subjected only noncitizens to E-Verify and did not utilize the program for its U.S. citizen employees. Accordingly, the company imposed an additional burden on noncitizens during the hiring process. The imposition of such a burden on noncitizens constitutes unlawful discrimination under the INA.
Under the settlement agreement, the company cannot continue to selectively use E-Verify based on citizenship or immigration status. Additionally, the company must train its employees on the anti-discrimination provisions of the INA. Finally, the company is now subject to a three-year period of governmental monitoring to prevent future violations...
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