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CASES AGAINST IMMIGRATION DISCRIMINATION

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Justice Department Settles Immigration-related Discrimination Claim Against SOS Employment Group

The Justice Department today reached an agreement with SOS Employment Group, based in Salt Lake City resolving claims that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA).

The department’s investigation confirmed allegations made by a work-authorized individual that SOS Employment Group had, at both initial hire and when subsequently re-verifying the refugee’s employment authorization, rejected the employee’s valid driver’s license and unrestricted Social Security card and required him to produce a Department of Homeland Security Employment Authorization Document (EAD). The department’s investigation further determined that SOS Employment’s documentary demands were based on the individual’s status as a non-U.S. citizen. The anti-discrimination provision of the INA, prohibits employers from using discriminatory documentary policies, procedures or requirements based on citizenship status or national origin when initially determining or subsequently re-verifying an employee’s authorization for employment.

Under the terms of the settlement agreement, SOS Employment Group has agreed to pay $9,157.50 in back pay to the victim and $1,200 in civil penalties to the United States, undergo Justice Department training on the anti-discrimination provision of the INA and be subject to monitoring of its employment eligibility verification practices for a period of one year.

“The INA’s anti-discrimination provision requires that the statute’s employment eligibility verification requirements be implemented in a nondiscriminatory manner without regard to citizenship status or national origin,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights. “The Civil Rights Division is fully committed to vigorously enforcing this important component of the INA.”

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, call the OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired), call the OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired), sign up for a no-cost webinar at justice.gov/about/osc/webinars.php, email [email protected] or visit the website at justice.gov/crt/about/osc

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