DOJ: Employer Violated INA By Requiring New Green Card From Lawful Permanent Resident

When a delivery company in the Northwestern U.S. required a lawful permanent resident to reverify his employment eligibility, it stepped over the legal line, the U.S. Department of Justice claimed.

And that eventually culminated in an administrative settlement with the wayward company.

DOJ said that its investigation found that that Postal Express, which delivers items in Oregon, Washington and Idaho, required a Lawful Permanent Resident, who is permanently work authorized by virtue of that status, to produce a particular immigration document to re-verify his employment eligibility even though the employee had already provided sufficient documentation to prove his authorization to work in the United States.

Specifically, the department found that Postal Express improperly required him to present a new Permanent Resident Card (also known as a Green Card) and suspended him when he failed to do so.

That’s a violation of the Immigration and Nationality Act’s  anti-discrimination provision, which prohibits employers from making specific documentary demands or requesting unnecessary work-authorization documents based on citizenship status or national origin when verifying or re-verifying an employee’s employment eligibility, the DOJ said.

Under the settlement, the company must pay a civil penalty and train its employees on the anti-discrimination provision of the INA and to revise company policies to avoid discrimination in the employment eligibility verification (Form I-9) process.

The company reinstated the suspended employee and paid him lost wages at the start of the  investigation.

Need a refresher on work authorization do’s and dont’s under the immigration laws? Go to this page on the U.S. Department of Labor website.

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