Source: United States Department of Justice News
The Justice Department announced today that it has secured a settlement agreement with Mountain Prairie Holdings, a Colorado-based staffing agency that formerly operated as Apprentice Personnel. The settlement resolves the department’s determination that Mountain Prairie violated the Immigration and Nationality Act (INA) by discriminating against non-U.S. citizen workers when checking their permission to work in the United States.
“Demanding that workers provide more documentation than required by law to prove their permission to work causes unnecessary stress, financial hardship and obstacles to employment, especially for vulnerable workers,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to hold employers accountable for such discriminatory actions.”
The department’s investigation began after a newly hired non-U.S. citizen complained that staff in Apprentice Personnel’s Colorado Springs office demanded that he produce a foreign passport to prove his permission to work, even though he had already presented sufficient documentation. The department also determined that the Colorado Springs office routinely required certain non-U.S. citizens to show their immigration documents, even when these workers had already presented other valid documentation. Ultimately, the department found that several non-U.S. citizens, including the complaining party, had been victims of this practice.
Under the terms of the settlement, Mountain Prairie will pay civil penalties to the United States and be subject to departmental monitoring for a three-year period. Additionally, Mountain Prairie will train staff on the INA’s anti-discrimination provision and review and revise its employment policies before the company or any of its subsidiaries hire any workers during the monitoring period.
Federal law allows all workers to choose which valid, legally acceptable documentation to present to demonstrate their identity and permission to work, regardless of citizenship, immigration status or national origin. The INA’s anti-discrimination provision prohibits employers from asking for specific documents because of a worker’s citizenship, immigration status or national origin. Indeed, many non-U.S. citizens, including lawful permanent residents, refugees and asylees, are eligible for several of the same types of documents to prove their permission to work as U.S. citizens (such as driver’s licenses and unrestricted Social Security cards). Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine.
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 discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Find more information on how employers can avoid discrimination when verifying permission to work on IER’s website. Learn more about how IER protects workers’ rights in this video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Sign up for email updates from IER.