The Department of Justice and medical device manufacturer DC Precision Machining Inc. reached a settlement over immigration-related discrimination claims the DOJ announced in a press release Wednesday. Under the terms of the agreement, the company will pay a civil penalty of $13,400 to the United States and more than $21,000 to the affected worker.
The discrimination charge was filed by a U.S. citizen and alleges that DC Precision Machining requires employees to present unnecessary work authorization documents based on their citizenship status. The DOJ determined in its investigation that the company illegally requires U.S. citizens to show a U.S. Passport or birth certificate, while non-U.S. citizens are required to present immigration documents to prove their work authorization even after they’ve presented other acceptable work authorization documents.
“‘Employers must give workers the opportunity to present any acceptable document when verifying that they are authorized to work in the United States,’” Assistant Attorney General for Civil Rights Kristen Clarke said in the press release. “‘An employer that requires new employees to present particular documents based on their citizenship or immigration status has committed unlawful discrimination. The Justice Department looks forward to working with DC Precision Machining to ensure it meets its obligations to avoid employment discrimination in the future.’”
Federal law allows individuals, regardless of citizenship or immigration status, to choose which legally acceptable work authorization documents to present to employers, the press release said. The Immigration and Nationality Act anti-discrimination provision prohibits employers from requesting more or different work authorization documents than necessary from employees or from limiting their choice of documents based on their citizenship, immigration status or national origin. As part of the settlement, DC Precision Machining is required to train its employees on the requirements of the INA anti-discrimination provision, and is subject to monitoring by the DOJ for a two-year period to ensure compliance, the press release stated.