Source: United States Department of Justice Criminal Division
The Justice Department announced today that it secured a settlement agreement with Watercrest Community Management LLC (Watercrest) resolving the department’s determination that Watercrest violated the Immigration and Nationality Act (INA) at its Myrtle Beach, South Carolina, location. The department determined that Watercrest discriminated against a non-U.S. citizen worker by rejecting her valid document showing her permission to work and asking for additional and unnecessary documents because of her citizenship status.
“Under federal law, employers cannot discriminate based on citizenship status when verifying an individual’s ability to work,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to protecting workers from citizenship status discrimination and removing unnecessary barriers to work in the United States.”
After opening an investigation based on a worker’s complaint, the Civil Rights Division’s Immigrant and Employee Rights Section (IER) determined that Watercrest improperly refused to honor the valid document that a non-U.S. citizen provided to prove her permission to work in the United States. IER’s investigation also revealed that Watercrest asked the worker for additional and unnecessary documents that Watercrest said were required by the commercial Form I-9 software program the company used. Watercrest improperly and repeatedly asked for those documents. Form I-9 is a government form that employers and workers are required to complete that verifies that a worker has the ability to work in the United States.
An employer must follow all legal requirements when verifying someone’s permission to work, and using a software program to electronically complete this process does not guarantee compliance with federal law. Under the INA, employers cannot reject valid documentation or request more documents than necessary when verifying a worker’s permission to work because of a worker’s citizenship or immigration status.
Under the terms of the settlement, if Watercrest encounters difficulty using its software program to complete an employee’s Form I-9, it will complete a physical Form I-9 for that employee rather than reject the employee’s valid documents showing permission to work. Watercrest also will pay a civil penalty to the United States, train its employees on the INA’s anti-discrimination requirements, revise its employment policies and be subject to monitoring by the department.
IER is responsible for enforcing the anti-discrimination provision of the INA. Among other things, 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 about how employers can avoid discrimination when verifying someone’s permission to work on IER’s website. Information regarding how to avoid unlawful discrimination and other Form I-9 violations when using commercial or proprietary programs to electronically complete the Form I-9 or participate in E-Verify is also available. 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 can also 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); email IER@usdoj.gov; sign up for a live webinar; watch an on-demand presentation; or visit IER’s English and Spanish websites. Subscribe for email updates from IER.