Source: United States Department of Justice
The Justice Department announced today that it secured a settlement agreement with State Farm Mutual Automobile Insurance Company (State Farm) resolving the department’s determination that one of State Farm’s corporate offices in Richardson, Texas, violated the Immigration and Nationality Act (INA) when it terminated a worker in retaliation for raising concerns about citizenship status discrimination.
“Workers have the right to oppose perceived discrimination, without retaliation,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to ensuring workers are able to speak up about discrimination without fear of unlawful retaliation.”
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) determined that State Farm terminated a worker and placed her on a “do not hire” list because the worker opposed State Farm’s rejection of her valid documentation showing her permission to work. State Farm rejected the worker’s valid documentation, which included a Permanent Resident Card together with a notice from the Department of Homeland Security that extended the validity of the card past the expiration date listed on the card. The worker complained of discrimination and opposed the rejection of the documents. The department determined that State Farm retaliated against the worker when it terminated her employment and labeled her as “do not hire” for complaining about the discrimination.
Under the terms of the settlement, the company will pay civil penalties to the United States and pay more than $30,000 in backpay to the affected worker who filed a complaint with IER. The agreement also requires State Farm to train its personnel on the INA’s anti-discrimination requirements, revise its employment policies and be subject to departmental monitoring and reporting requirements.
IER is responsible for enforcing the antidiscrimination 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; or retaliation and intimidation.
Find more information on how employers can avoid unlawful discrimination and retaliation on IER’s website. 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 free hotline at 1-800-255-7688 for workers or at 1-800-255-8155 for employers (1-800-237-2515, TTY for hearing impaired); sign up for a live webinar or watch an on-demand presentation; email IER@usdoj.gov or visit IER’s English and Spanish websites. Sign up for email updates from IER.