DOJ SETTLES IMMIGRATION AND NATIONALITY ACT CLAIMS AGAINST AIR CARRIER

FROM:  U.S. JUSTICE DEPARTMENT  

Tuesday, September 23, 2014

Justice Department Settles Immigration-Related Employment Discrimination Claim Against Major Airline

The Justice Department announced today that it reached an agreement with United Continental Holdings Inc. resolving a claim that divisions of the company previously operating as Continental Airlines discriminated against individuals because of citizenship status in violation of the Immigration and Nationality Act (INA).  

The department’s investigation was initiated based on a telephone call to the Office of Special Counsel for Immigration-Related Unfair Employment Practices’s (OSC) hotline.  The department found that the company requested lawful permanent resident employees, but not U.S. citizen employees, to complete additional Forms I-9 and provide additional proof of employment eligibility after hire even though the law prohibits this practice.  The INA’s anti-discrimination provision prohibits employers from placing additional documentary burdens on work-authorized employees during the employment eligibility verification process based on their citizenship status.

“The INA’s anti-discrimination provision protects individuals from being singled out for unnecessary and unauthorized employment reverification based on their citizenship or immigration status,” said Acting Assistant Attorney General Molly Moran for the Civil Rights Division.  “We commend Continental’s willingness to resolve the issues uncovered during the department’s investigation.”

Under the settlement agreement, Continental will pay $215,000 to the United States, create a $55,000 back pay fund to compensate individuals who may have lost wages due to the company’s practices, and undergo training on the anti-discrimination provision of the INA.  The company will also be subject to departmental monitoring of its employment eligibility reverification practices for a period of two years.  

The Office of Special Counsel for Immigration-Related Unfair Employment Practices within the Justice Department is responsible for enforcing the anti-discrimination provision of the INA.  Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.

WHITE HOUSE CONFIRMS DEATH OF THE LEADER OF AL-SHABAAB

FROM:  THE WHITE HOUSE 

Statement by the Press Secretary on the Death of Ahmed Godane

Today, the Department of Defense confirmed that Ahmed Godane, the leader of al-Shabaab, is dead as a result of a U.S. military targeted airstrike in Somalia undertaken over the weekend.  Godane’s removal is a major symbolic and operational loss to the largest al-Qaida affiliate in Africa and reflects years of painstaking work by our intelligence, military and law enforcement professionals. Even as this is an important step forward in the fight against al-Shabaab, the United States will continue to use the tools at our disposal – financial, diplomatic, intelligence and military –to address the threat that al-Shabaab and other terrorist groups pose to the United States and the American people. We will also continue to support our international partners, particularly the African Union Mission in Somalia, that are working to support the Federal Government of Somalia build a secure and stable future for the Somali people.

The U.S. Department of State named al-Shabaab a Foreign Terrorist Organization under Section 219 of the Immigration and Nationality Act (as amended) on February 26, 2008, and a Specially Designated Global Terrorist entity under Executive Order 13224 on February 29, 2008.

In September 2013, Godane publicly claimed al-Shabaab was responsible for the Westgate Mall attack, which killed and injured dozens in Nairobi, Kenya, calling the attack “revenge” for Kenyan and Western involvement in Somalia and highlighting its proximity to the anniversary of the attacks of September 11, 2001.  Under his leadership, the group has claimed responsibility for many bombings—including various types of suicide attacks—in Mogadishu and in central and northern Somalia, typically targeting officials and perceived allies of the Somali Government as well as the former Transitional Federal Government (TFG) of Somalia. Godane has also continued to oversee plots targeting Westerners, including U.S. persons, in East Africa.  In recent months, al-Shabaab claimed responsibility for a suicide bombing in Djibouti that killed a Turkish national and wounded several Western soldiers as well a car bomb at the Mogadishu airport that targeted and killed members of a United Nations convoy.   Al-Shabaab was responsible for the twin suicide bombings in Kampala, Uganda, on July 11, 2010, which killed more than 70 people, including one American. The group has also been responsible for the assassination of Somali peace activists, international aid workers, numerous civil society figures, and journalists. In February 2012, al-Shabaab and al-Qaida announced their formal alliance through a statement in which Godane swore allegiance to al-Qaida and promised to follow “the road of jihad and martyrdom in the footsteps that our martyr Osama bin Laden has drawn for us.”

JUSTICE SETTLES HIRING DISCRIMINATION CASE WITH CITY OF WATERLOO, IOWA

FROM:  JUSTICE DEPARTMENT 
Thursday, January 30, 2014
Justice Department Reaches Settlement to Resolve Claim of Citizenship Status Hiring Discrimination in Waterloo, Iowa

The Justice Department announced today that it has reached an agreement with the city of Waterloo, Iowa, resolving allegations that the city violated the anti-discrimination provision of the Immigration and Nationality Act (INA).

The department initiated its investigation after a charge was filed by a work-authorized, lawful permanent resident alleging that the city refused to consider him for a fire fighter position because he was not a U.S. citizen.  The department’s investigation confirmed that the city of Waterloo improperly restricted fire fighter positions to U.S. citizens despite the fact that no law, regulation, executive order or government contract authorized the city to legally restrict employment in such a manner under the INA.  The investigation further revealed that the city of Waterloo had refused to consider the charging party’s application on the basis of his citizenship status.  

Under the settlement agreement, the city of Waterloo must provide the charging party with another opportunity to apply for the position and must hire or otherwise compensate the charging party if the charging party’s performance on the city’s hiring tests confirm that he would have been hired in the absence of discrimination.  In addition, the city of Waterloo will pay $13,000 in civil penalties to the United States, and has agreed to make changes to its policies and practices to ensure unlawful citizenship requirements are not imposed, to provide training to city officials, and to be subject to monitoring by the department for one year.

“Employers must make sure that they are not erecting unlawful, discriminatory barriers in hiring,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “The department is committed to knocking down these barriers through its enforcement of the INA and making sure that work-authorized applicants have equal employment opportunities.”

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA.

U.S. JUSTICE DEPARTMENT SETTLES IMMIGRATION AND NATIONALITY ACT DISPUTE WITH LAS VEGAS CASINO

Slot Machines.  Credit:  Wikimedia Commons.

FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, October 10, 2012

Justice Department Settles Lawsuit Against Las Vegas Casino for Unfair Documentary Practices

The Justice Department today reached an agreement with Tuscany Hotel and Casino LLC in Las Vegas resolving a lawsuit alleging that the company discriminated in the employment eligibility verification and re-verification process. The Immigration and Nationality Act (INA) requires employers to treat all authorized workers equally during the hiring, firing and employment eligibility verification process, regardless of their national origin or citizenship status.

The department’s case, filed on May 11, 2012, alleged that Tuscany treated non-citizens differently from U.S. citizens during the employment eligibility verification and reverification process. The complaint alleged the casino required non-citizen employees to provide more or different documents or information than it required from citizen employees during the initial employment eligibility verification process. According to the complaint, the company then used the documents or information it gathered to impose improper document requests on non-citizens during the reverification process as a condition of continued employment. The complaint further alleged that the casino subjected non-citizen employees’ documents to a heightened review process by senior human resources representatives that was not applied to documents presented by U.S. citizens.

Under the settlement agreement, Tuscany will pay $49,000 in civil penalties to the United States and full back pay to a victim. In addition to corrective action already taken, Tuscany also agrees to implement new employment eligibility verification policies and procedures that treat all employees equally regardless of citizenship status, conduct training of its human resources staff on their responsibilities to avoid discrimination in the employment eligibility verification process, and be subject to reporting and monitoring requirements.

"Employers may not treat authorized workers differently during the employment eligibility verification and reverification process based on their citizenship status or national origin," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "I am pleased that Tuscany Hotel and Casino has worked cooperatively with the department to reach an amicable resolution, and encourage the casino industry to include the anti-discrimination provision of the INA as an integral part of part of their statutory and regulatory compliance program."

U.S. JUSTICE DEPARTMENT FILES DISCRIMINATION LAWSUIT AGAINST FARM IN TEXAS

FROM: U.S. DEPARTMENT OF JUSTICE

Tuesday, September 11, 2012

Justice Department Files Lawsuit Alleging Employment Discrimination by Texas Farm

The Justice Department filed a motion to intervene today in a lawsuit against Jerry Estopy, d/b/a Estopy Farms, a sorghum and soy farm in McAllen, Tex., which also provides equipment and equipment operators for harvests at other farms. The Justice Department seeks to intervene in a lawsuit filed by two U.S. citizens against the farm. The department alleges that the company discriminated against one of the U.S. citizens when it refused to hire him based on his citizenship status. The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from discriminating against workers based on national origin or citizenship status in the hiring or firing process.

According to the department’s complaint, the injured party, a U.S. citizen with over twelve years experience operating cotton combines and tractors, applied for a position with Estopy Farms as a cotton picker operator around June of 2010. The U.S. citizen was not hired, and Estopy Farms hired a number of seasonal foreign workers instead. The department found reasonable cause to believe that the company did not hire the U.S. citizen because it preferred to hire foreign workers under the H-2A visa program. The H-2A visa program allows foreign nationals into the U.S. for temporary or seasonal agricultural work. Employers that seek to participate in the program file an application with the U.S. Department of Labor certifying that they have actively tried to recruit U.S. workers for the jobs and that the temporary workers’ employment will not adversely affect the wages and working conditions of similarly employed U.S. workers. The U.S. Citizenship and Immigration Services is charged with approving applications for the H-2A visas.

"The Justice Department will not tolerate discriminatory hiring practices," said Thomas E. Perez, Assistant Attorney General in charge of the Civil Rights Division. "While the department does not enforce the rules pertaining to the H-2A program, we will vigorously enforce the INA’s anti-discrimination provision, which protects U.S. workers against an employer’s illegal and discriminatory preferences."

Texas Rio Grande Legal Aid filed a lawsuit with the Office of the Chief Administrative Hearing Officer (OCAHO) within the Justice Department’s Executive Office for Immigration Review on behalf of the two U.S. citizens on Nov. 14, 2011. Because a complaint has already been filed, the department seeks to intervene in the existing lawsuit. The Justice Department is represented by trial attorney Liza Zamd in this matter.

U.S. STATE DEPARTMENT REVOKED TERRORIST DESIGNATION FOR NEPAL'S COMMUNIST PARTY

Map Credit:  U.S. State Department.
FROM: U.S. DEPARTMENT OF STATE
Delisting of the Communist Party of Nepal (Maoist)
Media Note
Office of the Spokesperson
Washington, DC
September 6, 2012

The Department of State has revoked the designation of the Communist Party of Nepal (Maoist) (CPN(M)) and its aliases as a Specially Designated Global Terrorist entity under Executive Order 13224, and as a "terrorist organization" from the Terrorist Exclusion List (TEL) under the Immigration and Nationality Act (INA). With these actions, the CPN(M)’s property and interests in property in the United States or within the possession or control of U.S. persons will no longer be blocked, and U.S. entities may engage in transactions with CPN(M) without having to obtain a license.

After a thorough review, the Department has determined that the CPN(M) is no longer engaged in terrorist activity that threatens the security of U.S. nationals or U.S. foreign policy. Additionally, in recent years, the Maoist party has been elected as the head of Nepal’s coalition government, has taken steps to dismantle its apparatus for the conduct of terrorist operations, and has demonstrated a credible commitment to pursuing the peace and reconciliation process in Nepal. Today’s delisting does not seek to overlook or forget the party’s violent past, but rather looks ahead towards the party’s continued engagement in a peaceful, democratic political dialogue in Nepal.

This delisting reflects the United States’ resolve to keep our terrorism sanctions current and demonstrates that a group need not stay on a terrorist list forever should it demonstrate a credible commitment to pursuing peace and reconciliation.

　

ADDITIONAL BACKGROUND: FROM U.S. STATE DEPARTMENT

NEPAL GOVERNMENT AND POLITICAL CONDITIONS
A 10-year Maoist insurgency--punctuated by cease-fires in 2001, 2003, 2005, and 2006--began in 1996. After King Gyanendra announced the reinstatement of Parliament on April 24, 2006, the Maoists declared a 3-month unilateral cease-fire on April 26, 2006 which the new Koirala government reciprocated on May 3, 2006. The Seven-Party Alliance (SPA) and the Maoists signed five agreements, culminating in the comprehensive peace agreement of November 21, 2006, effectively ending the insurgency. However, Maoist violence and intimidation continued in spite of the agreement.

The main agenda of the SPA and the Maoists was to hold a Constituent Assembly election, with the primary responsibility of drafting and promulgating a new constitution defining the future political system in Nepal. The interim constitution, adopted on January 15, 2007, expressed full commitment to democratic ideals and norms, including competitive multi-party democracy, civil liberties, fundamental human rights, adult enfranchisement, periodic elections, press freedom, an independent judiciary, and the rule of law. The interim constitution also guaranteed the basic rights of Nepali citizens to formulate a constitution for themselves and to participate in the Constituent Assembly in an environment free from fear. The interim constitution transferred all powers of the King as head of state to the prime minister and stripped the King of any ceremonial constitutional role. Under the interim constitution, the fate of the monarchy was to be decided by the first meeting of the Constituent Assembly. The interim Parliament was a unicameral house.

After promulgation of the interim constitution, many socially marginalized ethnic communities, including the Madhesis of the lowland Tarai, began widespread protests against the proposed proportional representation system incorporated in the new constitution. Bandhs (general strikes) and protests sometimes turned violent, with clashes between police and demonstrators leading to dozens killed and injured. The government eventually agreed to increase the number of directly elected representatives from the Tarai and implement quotas ensuring representation of women, Madhesis, janajatis, and other groups facing discrimination. Constitutional amendments regarding representation were adopted in March and June 2007. The government signed further agreements with Madhesi and janajati groups agreeing to inclusion in government bodies and institutions as well as commitments to address other issues in August 2007, but those remained to be fully implemented.

Five Maoist ministers were appointed to the Nepali Congress-led cabinet on April 2007. The ministers submitted their resignations on September 18, 2007 over the issue of declaring Nepal a republic and adoption of fully proportional representation system for the Constituent Assembly election. After compromise agreements on these issues were reached--having the interim Parliament declare Nepal a republic but letting the CA implement the measure, and adoption of a mixed electoral system--the constitution was amended again and the Maoist ministers were reinducted on December 31, 2007.

Twice deferred, Nepal's Constituent Assembly election was finally held on April 10, 2008. None of the parties succeeded in getting a simple majority in the CA. The Communist Party of Nepal-Maoist won 218 out of 575 elected seats, followed by the Nepali Congress with 109 seats, the Communist Party of Nepal-United Marxist Leninist with 103 seats, and the Tarai-based Madhesi People's Rights Forum with 50 seats. Six constituencies needed to hold by-elections, five due to one candidate having won two directly elected seats and one due to the newly elected President resigning his seat. The appointed seats were distributed across the parties in the following manner: Maoist 9, NC 5, UML 5, MPRF 2, SP 1, CPN-Marxist Leninist 1, People’s Front Nepal 1, Nepal Workers and Peasants Party 1, and TMDP 1.

The final list of members elected under the proportional representation system was released on May 8, 2008. The members of the Constituent Assembly were sworn in on May 27, 2008, and the first session of the CA was convened on May 28, 2008. In this session, the CA voted to declare Nepal a federal democratic republic by abolishing the monarchy. Out of 564 members of the CA who voted, 560 voted in favor and 4 against the motion.

While the CA has the prime responsibility of drafting a new constitution for Nepal, it also functions as a regular Parliament. Through the fourth amendment to the interim constitution of Nepal on May 28, 2008, the CA also established, for the first time, a largely ceremonial President as the constitutional head of state, as well as a Vice President. The Prime Minister continues to be the head of the government.

Nepal's judiciary is legally separated from the executive and legislative branches and, in practice, has increasingly shown the will to be independent of political influence. However, by asserting executive control over the judiciary, the interim constitution called into question this independence. Under the interim constitution, the Prime Minister appoints the Chief Justice on the recommendation of the Constitutional Council, and the Chief Justice appoints other judges on the recommendation of the Judicial Council. All lower court decisions, including acquittals, are subject to appeal. The Supreme Court is the court of last appeal.

In August 2008, Prime Minister Pushpa Kamal Dahal (Maoist) was sworn in as Prime Minister. Less than a year into his term, Prime Minister Dahal resigned from the government on May 4, 2009 following a dispute over his bid to dismiss the Chief of the Army Staff. On May 23, members from 22 of the 24 political parties represented in the Constituent Assembly elected veteran Communist Party of Nepal-United Marxist Leninist (UML) leader Madhav Kumar Nepal as Prime Minister. Madhav Kumar Nepal was sworn in on May 25, 2009. On June 30, 2010, Prime Minister Nepal announced his resignation "for the sake of consensus" and to end the country's political deadlock following months of Maoist protests. On February 3, 2011, after 16 rounds of voting, Jhala Nath Khanal (UML) was elected Prime Minister; however, 6 months later on August 14, 2011 Khanal resigned from the government, citing the failure to make significant progress on the peace process. On August 29, 2011, Baburam Bhattarai (Maoist) was sworn in as Nepal's 35th Prime Minister, and the fourth Prime Minister since the 2008 CA election.

Human Rights
Since political reform began in 1990, some progress has been achieved in the transition to a more open society with greater respect for human rights; however, substantial problems remain. Poorly trained police sometimes use excessive force in quelling demonstrations. In addition, there have been reports of torture during detention and widespread reports of custodial abuse. In 2000, the government established the National Human Rights Commission (NHRC), a government-appointed commission with a mandate to investigate human rights violations. However, the government continues to stall in implementing the commission's recommendations and has not been able to enforce accountability for recent and past abuses. The King's February 2005 dismissal of the government, subsequent imposition of emergency rule and suspension of many civil rights--including freedom of expression, assembly, and privacy--was a setback for human rights in Nepal. During this 3-month period, censors were deployed to major newspapers, and many political leaders were kept under house arrest. The King's government restricted the media from publishing interviews, articles, or news items against the spirit of the royal proclamation of February 1, 2005 or in support of terrorist or destructive activities. The reinstated government, led by Prime Minister Koirala, reversed these decisions in May 2006. The interim constitution promulgated on January 15, 2007 ensured unrestricted freedom of expression and made the NHRC a constitutional body.

Both the Maoists and security personnel have committed numerous human rights violations. The Maoists used tactics such as kidnapping, torture, bombings, intimidation, killings, and conscription of children. Within the Nepalese security forces, violations ranged from disappearances to executions. After the royal takeover on February 1, 2005 and subsequent imposition of the state of emergency, the security forces arrested many political leaders, student leaders, journalists, and human rights activists under the Public Security Act of 1989, although all were released by June 2005 when the King ended the state of emergency.

After the April 2006 cease-fire announced by the government and the Maoists, incidents of human rights violations by the government declined substantially while incidents of human rights violations by the Maoists continued relatively unabated. Even after signing a comprehensive peace agreement with the government in November 2006, Maoists' extortion, abduction, and intimidation remained largely unchecked. Although activities by other political parties have increased significantly in the rural parts of Nepal, political party representatives, police, non-governmental organization (NGO) workers, and journalists reported continuous threats and intimidation by Maoist-affiliated Young Communist League (YCL), Maoist-affiliated All Nepal National Free Students Union (ANNFSU), UML-affiliated Youth Force (YF), UML-affiliated Youth Action Nepal (YAN), or Nepali Congress-affiliated Tarun Dal cadres. During the January-February 2007 uprising in the Tarai, reports of government security forces using excessive force to quell demonstrations were common.

Major daily English-language newspapers include "The Kathmandu Post," "The Himalayan Times," "Republica," and "The Rising Nepal." The last and its vernacular sister publication are owned by a government corporation. There are hundreds of smaller daily and weekly periodicals that are privately owned and of varying journalistic quality. Views expressed since the 1990 move to democracy are varied and vigorous. There are 394 (334 in use) FM radio and 32 (19 in use) television licenses for privately owned and operated stations, following liberalization of licensing regulations. Radio Nepal and Nepal Television are government-owned and operated. There are over 700 cable television operators nationwide, and satellite dishes to receive television broadcasts abound. Internet penetration in Nepal is approximately 4% of the population. Despite its prominence, the Nepali press is still frequently subject to violence and intimidation by political groups.

Trafficking in women and child labor remain serious problems, but some improvement has been seen; in addition, the founder of a U.S.-backed anti-trafficking organization, Maiti Nepal, won the 2010 CNN Hero award. According to the State Department's 2011 Trafficking in Persons Report, Nepal is mainly a source country for men, women, and children who are subjected to forced labor and sex trafficking. While Nepal is primarily a source country for destinations like India and the Middle East, internal trafficking is also a prominent issue. Lack of prosecution and police complicity in trafficking cases remain major problems. Discrimination against women and lower castes is prevalent.

SECRETARY OF STATE HILLARY RODHAM CLINTON AND THE HAQQANI NETWORK'S DESIGNATION AS A TERRORIST ORGANIZATION

FROM: U.S. STATE DEPARTMENT
Report to Congress on the Haqqani Network
Press Statement
Hillary Rodham Clinton
Secretary of State
Washington, DC
September 7, 2012
Today, I have sent a report to Congress saying that the Haqqani Network meets the statutory criteria of the Immigration and Nationality Act (INA) for designation as a Foreign Terrorist Organization (FTO). This action meets the requirements of the Haqqani Network Terrorist Designation Act of 2012 (P.L. 112-168). Based on that assessment, I notified Congress of my intent to designate the Haqqani Network as an FTO under the INA. I also intend to designate the organization as a Specially Designated Global Terrorist entity under Executive Order 13224.

The consequences of these designations include a prohibition against knowingly providing material support or resources to, or engaging in other transactions with, the Haqqani Network, and the freezing of all property and interests in property of the organization that are in the United States, or come within the United States, or the control of U.S. persons. These actions follow a series of other steps that the U.S. government already has taken against the Haqqanis. The Department of State previously designated key Haqqani Network leaders under E.O. 13224, and the Department of the Treasury has designated other militants with ties to the Haqqanis under the same authority. We also continue our robust campaign of diplomatic, military, and intelligence pressure on the network, demonstrating the United States’ resolve to degrade the organization’s ability to execute violent attacks.

I take this action in the context of our overall strategy in Afghanistan, the five lines of effort that President Obama laid out when he was in Afghanistan in May: increasing the capacity of Afghan security forces to fight insurgents; transitioning to Afghan security lead; building an enduring partnership with Afghanistan; pursuing Afghan-led reconciliation; and putting together an international consensus to support peace and stability in the region. We will continue to work with both Afghanistan and Pakistan to move these efforts forward and build a more peaceful and secure future.

DISCRIMINATION CLAIMS AT EMPLOYMENT AGENCY SETTLED

FROM: U.S. DEPARTMENT OF JUSTICE

Tuesday, August 14, 2012

Justice Department Settles Claims of Discrimination Against Philadelphia Employment Agency

The Justice Department announced today that it reached a settlement agreement with Best Packing Services Employment Agency Inc., which is based in Philadelphia, resolving allegations that the company discriminated under the anti-discrimination provision of the Immigration and Nationality Act (INA), when it impermissibly delayed the start date of two refugees after requiring them to provide specific Form I-9 documentation.
　
In two charges filed with the department, the refugees alleged that they were not allowed to begin employment until they produced unexpired, Department of Homeland Security-issued employment authorization documents, despite the fact that they initially presented sufficient documentation for employment eligibility verification purposes. The charging parties had presented unexpired state identification cards and unrestricted Social Security cards at the time of hire. Both were permanently work-authorized but lost several weeks’ worth of wages as a result of Best Packing’s practices. The department’s investigation revealed that Best Packing did not demand specific Form I-9 documentation from U.S. citizens, but allowed them to provide state identification cards and unrestricted Social Security cards. The anti-discrimination provision prohibits treating employees differently in the employment eligibility verification and reverification processes based on citizenship status or national origin.
　
As part of the settlement, Best Packing will undertake immediate corrective action to address and rectify its employment eligibility verification policies and practices. As part of its corrective action, Best Packing will provide full back pay to both victims. Under the settlement agreement, the company agrees to pay $4,379 in back pay, to conform all of its actions to ensure compliance with the INA’s anti-discrimination provision and to train its human resources personnel about the company’s responsibility to avoid discrimination in the employment eligibility verification process.
　
"The Civil Rights Division is pleased that Best Packing has prioritized compliance with the Immigration and Nationality Act," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "We encourage all employers to evaluate their policies and practices to ensure compliance with the INA’s anti-discrimination provision."
　
The Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices is responsible for enforcing the anti-discrimination provision of the INA, which protects work-authorized individuals from employment discrimination on the basis of citizenship status or national origin discrimination, including discrimination in hiring and the employment eligibility verification process.

JUSTICE DEPARTMENT ALLEGES U.S. COMPANY DISCRIMINATED AGAINST U.S. CITIZENS

FROM:  U.S. DEPARTMENT OF JUSTICE
Tuesday, May 22, 2012
Justice Department Files Lawsuit Against New Jersey Information Technology Company for Retaliation
The Justice Department filed a lawsuit today against Whiz International LLC, an information technology staffing company in Jersey City, N.J., regarding allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it terminated an employee in retaliation for expressing opposition to Whiz’s alleged preference for foreign nationals with temporary work visas.

The complaint alleges that the company directed an employee that served as a receptionist and a recruiter, to prefer certain noncitizens in its recruitment efforts and then terminated the employee when she expressed discomfort with excluding U.S. citizens and lawful permanent residents from consideration. The anti-discrimination provision prohibits employers from retaliating against workers who oppose a practice that is illegal under the statute or who attempt to assert rights under the statute.

“Employers cannot punish employees who try to do the right thing and take reasonable measures to shed light on a practice they believe may be discriminatory,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Employers must ensure that their practices conform to the anti-discrimination provision of the INA, and retaliation will not be tolerated.”

The complaint seeks a court order prohibiting future discrimination by the respondent, monetary damages to the employee, as well as civil penalties.

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provisions of the INA, which protect U.S. citizens and certain work-authorized individuals from citizenship status discrimination.  The INA also protects work-authorized individuals from national origin discrimination, over-documentation in the employment eligibility verification process and retaliation.