The Department of Justice announced today that it reached a settlement with Quantum Integrators Group (Quantum), an IT consulting and staffing company based in New Jersey. The settlement resolves claims that Quantum (1) discriminated against a lawful permanent resident by requiring her, based on her citizenship status, to provide unnecessary documentation before it would refer her for an employment opportunity, and (2) routinely required other work-authorized non-U.S. citizens to present unnecessary documents to prove their eligibility to work.
“Companies cannot make requests for unnecessary work authorization documents because of an individual’s citizenship status, or condition a referral for employment on complying with such a request,” said Gregory B. Friel, Deputy Assistant Attorney General of the Civil Rights Division. “We are pleased that Quantum will work with the Department of Justice to ensure that its policies and practices do not discriminate on the basis of citizenship status.”
The department’s investigation began after a lawful permanent resident filed a discrimination complaint with the Civil Rights Division against Quantum. Based on its investigation, the department concluded that Quantum would not refer her to a client so that she could be considered for an employment opportunity unless she first proved she was authorized to work by providing a copy of her Permanent Resident Card. According to the investigation, Quantum would have referred a U.S. citizen candidate to the client without requiring similar proof of work authorization. Additionally, the department concluded that Quantum routinely required other work-authorized non-U.S. citizens to provide additional and unnecessary documents to prove their eligibility to work.
The Immigration and Nationality Act (INA) prohibits employers from requesting more or different documents than necessary to prove eligibility to work based on employees’ citizenship, immigration status or national origin. 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 also does not permit an employer to verify an individual’s eligibility to work before a job offer is accepted.
Under the terms of the settlement, Quantum will pay a civil penalty to the United States, revise its policies and procedures, ensure that relevant employees participate in training on the requirements of the INA’s anti-discrimination provision, and be subject to departmental monitoring over the term of the agreement.
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, may file a charge. The public also may 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 [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
originally published at Law - NORLY NEWS