Justice Department Secures Settlement with Maryland Company to Resolve Immigration-Related Discrimination Claims

The Division of Justice right this moment introduced that it has secured a settlement settlement with Skilled Upkeep Administration (PMM), a cleansing and janitorial providers firm based mostly in Maryland. The settlement resolves the division’s dedication that PMM discriminated towards its non-U.S. citizen employees when checking their permission to work in america, in violation of the Immigration and Nationality Act (INA).

“Employers can not deal with staff in another way due to citizenship, immigration standing, or nationwide origin when verifying their permission to work,” mentioned Assistant Legal professional Common Kristen Clarke of the Justice Division’s Civil Rights Division. “The Justice Division will proceed to vigorously implement the regulation to make sure that employees don’t face discrimination when proving their permission to work in america.”

The division’s investigation decided that PMM routinely required particular paperwork from newly-hired non-U.S. residents to show they’d permission to work in america. Particularly, the division discovered that PMM requested lawful everlasting residents to indicate their everlasting resident playing cards (typically often known as “inexperienced playing cards”), and asylees and refugees to indicate their employment authorization paperwork (typically often known as “work permits”), to show their permission to work. On the identical time, PMM allowed U.S. residents to select from amongst numerous acceptable doc sorts.

Underneath the phrases of the settlement, PMM pays a civil penalty of $300,000 to america. Moreover, PMM will practice workers on the INA’s anti-discrimination provision, change its insurance policies, and be topic to departmental monitoring for a three-year interval. 

Federal regulation permits employees to decide on which legitimate, legally acceptable documentation to current to show their id and permission to work, no matter citizenship, immigration standing, or nationwide origin. The INA’s anti-discrimination provision prohibits employers from asking for particular paperwork due to a employee’s citizenship, immigration standing or nationwide origin. Certainly, many non-U.S. residents, together with lawful everlasting residents, refugees and asylees, are eligible for a number of of the identical forms of paperwork to show their permission to work as U.S. residents (resembling driver’s licenses and unrestricted social safety playing cards). Employers ought to enable employees to current no matter acceptable documentation the employees select and can’t reject legitimate documentation that fairly seems to be real.

The Civil Rights Division’s Immigrant and Worker Rights Part (IER) is answerable for implementing the anti-discrimination provision of the INA. The statute prohibits discrimination based mostly on citizenship standing and nationwide origin in hiring, firing or recruitment or referral for a charge; unfair documentary practices; and retaliation and intimidation. 

Be taught extra about IER’s work and the best way to get help by this temporary video. Discover extra data on how employers can keep away from discrimination when verifying permission to work on IER’s web site. Candidates or staff who imagine they have been discriminated towards based mostly on their citizenship, immigration standing, or nationwide origin in hiring, firing, recruitment or through the employment eligibility verification course of (Kind I-9 and E-Confirm); or subjected to retaliation, might file a cost. The general public may name IER’s employee hotline at 1-800-255-7688 (1-800-237-2515, TTY for listening to impaired); name IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for listening to impaired); e-mail IER@usdoj.gov; join a free webinar; or go to IER’s English and Spanish web sites. Subscribe to GovDelivery to obtain updates from IER. View the Spanish translation of this press launch right here.