Staffing Agency Settles Immigration Discrimination Claim Filed by US DOJ

A Utah staffing agency will pay $17,600 in penalties and cease requiring non-U.S. citizens to provide specified documents to establish the can work legally in this country.

The terms of the settlement were announced yesterday by the U.S. Department of Justice, whose Civil Rights Division’s Office of Special Counsel for  Immigration-Related Unfair Employment Practices (OSC) asserted the claims against 1st Class Staffing LLC, based in Orem, Utah.

DOJ said that OSC investigators determined that its Fontana, California office routinely requested that non-U.S. citizens, but not U.S. citizens, provide specific immigration documents to establish their authority to work.

Under the Immigration and Nationality Act, all workers, including non-U.S. citizens, must be allowed to choose whichever valid documentation they would like to present from the lists of acceptable documents to prove their work authorization.  It is unlawful for an employer to limit an employee’s choice of documentation because of their citizenship, immigration status or national origin.

“Employers must ensure that their human resources, hiring and recruitment staff understand and implement proper hiring practices to avoid violating anti-discrimination laws,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “We commend 1st Class for its cooperation and commitment to removing unnecessary and unlawful employment barriers.”

The INA prohibits, among other things, citizenship, immigration status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.

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