Author: Law Office of Alena Shautsova
Work-authorized non-citizens brought a lawsuit against Rose Acre Farms through the Department of Justice (DOJ) that alleged discriminatory employment practices.
The Immigration and Nationality Act (INA), as explained by the DOJ, does not allow employers to require additional or other than specified documentation regarding citizenship or nationality from work-authorized employees when verifying work eligibility as part of the hiring process. The Assistant Attorney General for the Civil Rights Division stated that, “The INA’s anti-discrimination provision requires employers to treat employees equally in the employment eligibility verification process, regardless of citizenship status or national origin.”
Rose Acres used an electronic employment eligibility verification software program that may have influenced its human resources professionals to request additional documentation.
The DOJ is seeking an injunction against future discrimination by Rose Acres and demands changes be made in the company’s employment verification processes and policies. It is also seeking monetary damages on behalf of harmed individuals and requiring civil penalties be placed on the company.
Employers requesting more documentation than federally required are subject to discrimination lawsuits brought by the government.
The legal counsel for Rose Acres Farm argues that the company’s practices are not discriminatory and that they take pride in the diversity of their hiring practices where 45 percent of their employees are from minority groups and the majority of their workers are Hispanic. Rose Acres is a major egg producer, operating farms in six different U.S. states.
If you suspect workplace discrimination, a New York employment lawyer can help protect your rights. Immigration and employment are often inter-related and because our law firm deals with immigration and employment matters, we are well-versed in handling these types of issues.
The Law Office of Alena Shautsova is a New York immigration and employment law firm serving clients in Brooklyn, New York City, Long Island, Manhattan, Queens, the Bronx and surrounding communities.