Department of Justice Reaches Agreement with Food Service Provider Over Alleged Discrimination Violations with E-Verify

The Department of Justice (DOJ) has announced an agreement with a South Carolina-based Food Service provider to resolve allegations of violating the anti-discrimination provision of the Immigration and Nationality Act (INA) during the employment eligibility verification process that included the federal E-Verify program.  Under the terms of the agreement, the Food Service provider, one of the largest hospitality companies in the world, will pay $250,000 in civil penalties, the third highest amount paid through settlement since enactment of the INA’s anti-discrimination provision in 1986.  For more information about the agreement, visit http://www.justice.gov/opa/pr/2013/January/13-crt-026.html.

The DOJ’s investigation was initiated based on a referral from the U.S. Citizenship and Immigration Services (USCIS) under a memorandum of agreement between the Civil Rights Division and USCIS.  The DOJ investigation concluded that Food Service provider had engaged in a pattern or practice of treating work-eligible non-U.S. citizens differently from U.S. citizens by requiring specific documents issued by the Department of Homeland Security (DHS) from non-U.S. citizens but not U.S. citizens for at least the past three years. The company in question has over 10,000 employees nationwide and provides food service to over 250 stadiums, convention centers, and entertainment venues across the country.

Along with the $250,000 in civil penalties, the company has also agreed to fully compensate any victims who lost wages as a result of their practices, undergo DOJ training on the anti-discrimination provision of the INA, and be subject to monitoring of its employment eligibility verification practices for a period of three years. The case settled prior to the DOJ filing a complaint in this matter. The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA.  For more information about protections against employment discrimination under the immigration laws, visit the website at http://www.justice.gov/crt/about/osc.

E-Verify is a free internet-based program that compares information from the Form I-9 that all newly hired workers must fill out to government records in DHS and Social Security Administration (SSA) databases. While participation in E-Verify is still voluntary for many businesses in the United States, employers with federal contracts or subcontracts must use the system. E-Verify usage is also required by law in several U.S. states, and the list continues to grow. A Designated E-Verify Employer Agent such as Employment Screening Resources (ESR) may help employers comply with E-Verify/Form I-9 regulations. For more information, visit http://www.esrcheck.com/formi9.php.

Employment Screening Resources (ESR) – ‘The Background Check Authority’ – is a nationwide background screening provider accredited by The National Association of Professional Background Screeners (NAPBS®). For more information about ESR, visit http://www.esrcheck.com/, call Toll Free 888.999.4474, or email clientsupport@esrcheck.com.

Source: http://www.justice.gov/opa/pr/2013/January/13-crt-026.html

About Employment Screening Resources (ESR):

Founded by safe hiring expert Attorney Les Rosen in 1997, Employment Screening Resources (ESR) – ‘The Background Check AuthoritySM’– provides accurate and actionable information that empowers employers to make informed hiring decisions for the benefit of their organizations, employees, and the public. CEO Rosen literally wrote the book on background checks with “The Safe Hiring Manual” and ESR is accredited by The National Association of Professional Background Screeners (NAPBS), a distinction held by a small percent of screening firms. Employers choosing ESR know they have selected an agency meeting the highest industry standards. To learn more about ESR, visit http://www.esrcheck.com or call toll free 888.999.4474.

About ESR News:

The Employment Screening Resources (ESR) News blog – ESR News – provides employment screening information for employers, recruiters, and jobseekers on a variety of topics including credit reports, criminal records, data privacy, discrimination, E-Verify, jobs reports, legal updates, negligent hiring, workplace violence, and use of search engines and social network sites for background checks. For more information about ESR News or to send comments or questions, please email ESR News Editor Thomas Ahearn at tahearn@esrcheck.com. To subscribe to the ESR News Blog Feed, visit http://www.esrcheck.com/wordpress/feed/. To subscribe to the complimentary ESRcheck Report monthly newsletter, please visit http://www.esrcheck.com/Newsletter/.