By Bruce Buchanan, Siskind Susser

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The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), within the Justice Department, has reached a settlement with Diversified Business Consulting Group Inc. (“DB Consulting”), an information technology staffing agency headquartered in Silver Spring, Maryland.

The settlement resolves allegations that DB Consulting’s human resources personnel required non-U.S. citizens, but not U.S. citizens, to present specific types of documents during the employment eligibility verification process to establish their work authority. The INA’s anti-discrimination provision prohibits employers from specifying documents that employees must present during the employment eligibility verification process based on an employee’s citizenship status or national origin.

Under the settlement agreement, DB Consulting will pay $7,700 in civil penalties to the United States. DB Consulting has also agreed to change its hiring policies and be subject to monitoring of its hiring practices for the next one (1) year and will be required to do the following:

1) Advise OSC of any changes in the company’s employment policies as they relate to nondiscrimination on the basis of citizenship status and national origin at least thirty (30) days prior to the effective date of such revised policies;

2) Send all current human resources personnel, and all new human resources personnel to attend a compliance training webinar presented by the OSC; and

3) Send OSC copies of completed Forms I-9, including attachments for all employees hired between 6 months and one year after the effective date of the settlement agreement.

A copy of the DB Consulting settlement agreement can be viewed here.