The Justice Department announced today that it reached a settlement with the School Board of Palm Beach County, Florida (the District). The settlement resolves claims that the District discriminated against work-authorized non-U.S. citizen employees by asking them to provide specific and unnecessary documentation showing their legal right to work, because of their immigration status, in violation of the Immigration and Nationality Act (INA).
“Employers must not discriminate against work-authorized non-U.S. citizens due to mistaken assumptions about their immigration status,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We applaud the School District of Palm Beach County for working with the Department of Justice to ensure proper implementation of its non-discrimination policy.”
Based on its investigation, the department concluded that the School District requested unnecessary and specific documents from non-U.S. citizens, such as requesting some work-authorized workers to show specific documents in violation of the INA. This included requests for certain individuals to show their Permanent Resident Cards (sometimes known as “green cards”) or Employment Authorization Documents, even though those workers had already shown other documents that proved their work authorization, such as an ID and unrestricted Social Security card.
The INA’s anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status or national origin. Instead, in the INA, Congress determined that all work-authorized individuals, regardless of citizenship status, may choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States. The INA does, however, permit employers to reject non-genuine looking documents.
Under the terms of the settlement, the District will pay to the United States a civil penalty of $90,000, pay up to $100,000 in back pay to people who lost work due to the unlawful document requests, and train district employees on their legal obligations.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, can file a charge. The public also can contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
The Civil Rights Division wants to hear about civil rights violations. Members of the public can report possible civil rights violations through the Civil Rights Division’s reporting portal.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
The Civil Rights Division’s Protecting U.S. Workers Initiative, started in 2017 in IER, targets, investigates, and (where appropriate) brings enforcement actions against employers that intentionally discriminate against U.S. workers due to citizenship-status discrimination based on a preference for temporary visa workers. IER has reached numerous settlements under the Protecting U.S. Workers Initiative, and employers have distributed or agreed to pay a combined total of more than $1.2 million in back pay to affected U.S. workers and civil penalties to the United States. These settlements involve employers that discriminated in their use of the H-1B, H-2A, and H-2B visa programs.
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- Former Deputy Campaign Manager Pleads Guilty to Theft of Campaign FundsBy Sam NewsMay 7, 2021An Illinois man pleaded guilty today to the theft of more than $115,000 in campaign funds from the McSally for Senate Campaign in 2018 and 2019.[Read More…]
- Defense Health Care: Implementation of Value-Based Initiatives in TRICAREBy Sam NewsSeptember 17, 2020The Defense Health Agency (DHA)—the agency within the Department of Defense (DOD) that administers DOD's health care program, TRICARE—has identified a number of value-based initiatives for potential implementation with civilian providers and hospitals under the TRICARE program. These initiatives aim to help DHA build a value-based health care delivery system, in which providers are rewarded for value of services provided instead of volume of services provided. For these initiatives, value is generally measured in terms of improved health outcomes, enhanced experience of care for the patient, and reduced health care costs over time. GAO found that DHA has identified 20 value-based initiatives, including a program that makes incentive payments for hospitals that meet certain quality metrics for maternity services and a program that promotes adherence to medication regimens by waiving co-payments, among others. According to DHA officials, the 20 initiatives include five that have been implemented (two complete, three underway); three that will be implemented in the future—two with anticipated 2020 start dates are currently on hold due to the department's need to focus on the response to the Coronavirus Disease (COVID-19) pandemic and one that is expected to be implemented in January 2021; eight that are still under review, but no decisions have been made about whether and when they might be implemented; and four that were considered but will not be implemented. In fiscal year 2019, DOD offered health care services to approximately 9.6 million eligible beneficiaries worldwide through TRICARE, its regionally structured health care program. Beneficiaries may obtain health care services through DOD's direct care system of military hospitals and clinics or from its purchased care system of civilian providers. DOD contracts with private sector companies—referred to as managed care support contractors—to develop and maintain networks of civilian providers and perform other customer service functions for its purchased care system. The National Defense Authorization Act for Fiscal Year 2017 (NDAA 2017) required DOD to develop and implement value-based incentive initiatives in its TRICARE contracts. The NDAA 2017 also included a provision that required GAO to review these initiatives. This correspondence describes the initiatives DHA has developed and the status of each, as of June 2020. To do this work, GAO interviewed knowledgeable DHA officials and analyzed available documentation on each initiative, including decision papers, congressional reports, and Federal Register notices. For more information, contact Debra A. Draper at (202) 512-7114 or email@example.com.[Read More…]
- Jury Convicts Former Delaware Doctor of Unlawful Drug Distribution and Maintaining a Drug PremisesBy Sam NewsJuly 22, 2021A federal jury convicted a former Delaware doctor Wednesday for unlawfully distributing and dispensing controlled substances and for maintaining a drug-involved premises.[Read More…]
- Sanctioning Russia-linked Disinformation Network for its Involvement in Attempts to Influence U.S. ElectionBy Sam NewsJanuary 11, 2021
- Romania National DayBy Sam NewsDecember 1, 2020
- Saint Vincent and the Grenadines’ Independence DayBy Sam NewsOctober 27, 2020