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 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.