It may seem counterintuitive given the Trump Administration’s focus on protecting U.S. workers from job exploitation by foreign workers, but several recent enforcement settlements announced by the U.S. Department of Justice (DOJ) involving alleged discrimination by employers against non-U.S. citizens serve as a reminder that these workers are also protected under the law, and that DOJ is prepared to enforce those rights.
The settlements, announced by DOJ last month, involve claims against three separate companies alleging that they violated the antidiscrimination provisions of the Immigration and Nationality Act (INA) by rejecting valid documents presented by non-U.S. citizens legally authorized to work in the U.S. and demanding additional work eligibility documentation during the employment eligibility verification process.
Under the settlements, all three of the companies will pay a civil penalty, provide back pay to adversely affected workers, train human resources personnel on the requirements of the INA’s antidiscrimination provisions, and submit themselves to compliance monitoring by DOJ.
Members of the Center for Workplace Compliance (CWC) can read more here.