Bloggings on I-9 E-Verify Immigration Compliance

Bruce Buchanan

FTD Receives late Valentine Day gift, not; by Bruce Buchanan, Siskind Susser, P.C.

The Department*of Justice, through the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), reached an agreement with FTD Inc., to resolve allegations that the company retaliated against a man for asserting rights under the anti-discrimination provision of the Immigration and Nationality Act (INA). *

OSC*initiated the investigation after receiving a complaint from a work-authorized immigrant that FTD rescinded the individual’s conditional job offer after a background check revealed a purported error in his Social Security account number. * The man informed FTD that he was authorized to work in the United States and provided documents showing his status. * The man also threatened to pursue his legal rights under the INA’s anti-discrimination provision. * FTD responded by terminating all communication with the individual. * *

Under the terms of the*settlement*agreement, FTD agreed to pay $1,800 in back pay to the individual and $3,000 in civil penalties. * FTD also agreed to undergo Justice Department training on the anti-discrimination provision of the INA.**

This is the*fourth settlement that OSC has reached with employers in the first two months of 2013. So beware of potential legal diffiulties with the OSC.

About The Author

Bruce E. Buchanan is an attorney at the at Nashville Office of Siskind Susser, P.C. He represents individuals and employers in all aspects of immigration law, with an emphasis on immigration compliance for employers, and employment/labor law. Mr. Buchanan received his law degree from the Vanderbilt University School of Law in 1982 and a B.S. degree from Florida State University, where he graduated magna cum laude. Mr. Buchanan has been in private practice since 2003. Beforehand, he served as Senior Trial Specialist for the National Labor Relations Board for 20 years. He also served from 1991 to 2003 as Adjunct Professor at William H. Bowen UALR School of Law, where he taught courses in Labor Law and Employment Law. Mr. Buchanan was chair of the Tennessee Bar Association's Immigration Law Section from 2011 to 2012 and has been the editor of the TBA's Immigration Law Section Newsletter and the TBA's Labor and Employment Law Section Newsletter since 2009. Mr. Buchanan is a frequent writer and speaker on immigration compliance as well as labor law, wage & hour law and proposed federal legislation. He is a member of American Immigration Lawyers Association (AILA) and serves as the Advocacy Liaison of the Mid-South Chapter of AILA. Mr. Buchanan also serves on the Board of Directors for the Nashville International Center for Empowerment (NICE) and is an associate member of the Mid-Tennessee Chapter of the Associated Builders & Contractors. Mr. Buchanan is admitted to practice in Tennessee, Florida, and Arkansas, before the U.S. Court of Appeals for the Fifth, Sixth, Eighth, and D.C. Circuits and the U.S. District Courts for the Middle District of Tennessee and the Eastern and Western Districts of Arkansas.

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