USDOJ Publishes Fact Patterns Flyer on Avoiding Immigration Status and National Origin Discrimination in Employment

Employers who discriminate against work-authorized individuals on the basis of their immigration, national origin or citizenship status during the hiring, termination or employment verification processes, can be prosecuted by the U.S. Department of Justice, Civil Rights Division, Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) and made to pay civil penalties and back pay to workers who have suffered detriment. OSC has published a flyer presenting fact patterns based on actual cases which resulted in the imposition of civil penalties and/or award of back pay. The flyer serves as a useful reference designed to help employers understand OSC’s enforcement priorities and avoid engaging in immigration-related discriminatory practices during the hiring and firing process and when administering Form I-9 and E-Verify employment verification procedures.

Timothy D. Widman is a Immigration Attorney and the owner of the Law Office of Timothy D. Widman, with offices in San Jose and Cupertino.