The Justice Department announced today that it has secured a settlement agreement with Maryland-based Treacy Enterprises Inc., which owns and operates several Domino’s Pizza franchises (Treacy Enterprises). The settlement resolves the department’s determination that Treacy Enterprises violated the Immigration and Nationality Act (INA) by requiring a non-U.S citizen worker to provide more documents than necessary to prove his permission to work, even though he had already shown sufficient documentation.
“While employers must verify every new hire’s permission to work in the United States, they can’t require unnecessary documents or discriminate based on someone’s citizenship status or national origin in the process,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue to fight to remove discriminatory barriers to employment.”
The department’s investigation began when a lawful permanent resident worker complained that Treacy Enterprises was requiring him to provide additional and unnecessary documentation to prove his permission to work instead of accepting the valid documentation he had already presented. The department determined that Treacy Enterprises discriminated against the worker by (1) demanding additional documentation to prove he could work rather than accepting the valid documents the worker had already provided and (2) requiring that the worker prove his citizenship status by showing a Permanent Resident Card (also known as a green card). Federal law allows workers to choose which valid, legally acceptable documentation to present to demonstrate their identity and permission to work, regardless of citizenship, immigration status or national origin. Employers cannot demand more documents than necessary or specific documentation as part of this process.
Under the settlement, Treacy Enterprises will pay a civil penalty to the United States. The agreement also requires the company to train its human resources staff on the INA’s requirements, revise its employment policies, and be subject to departmental monitoring and reporting requirements.
The Civil Rights Division’s Immigrant and Employee Rights Section (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; retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Find more information on how employers can avoid discrimination when verifying permission to work on IER’s website. 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 free webinar; or visit IER’s English and Spanish
This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options,
you are invited to call us at 214-393-4917, text us using our chat box, or complete our contact form.