By Bruce Buchanan, Sebelist Buchanan Law PLLC

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The Office of Special Counsel for Immigrated-Related Unfair Employment Practices (OSC), a division of the Justice Department, reached an agreement with NetJets Services Inc. (NetJets), a business that provides private aviation services based out of Columbus, Ohio. In resolving the allegations that that NetJets violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by discriminating against work-authorized immigrants, it agrees to pay a $41,480 civil penalties.

The investigation found that NetJets improperly required newly hired, work-authorized non-U.S. citizens to present specific documents to prove their employment eligibility while not requiring similarly-situated U.S. citizens. The investigation further found that existing employees who were legal permanent residents (green card holders) were subjected to unnecessary post-employment reverification of their employment eligibility because of their immigration status and that employees who had become naturalized U.S. citizens after they were hired were required to present more and different documents than necessary to establish their citizenship status. All of NetJets’ actions were citizenship discrimination, which is prohibited by the INA’s anti-discrimination.

Besides paying the $41,480 civil penalty, the settlement agreement requires NetJets to have its human resources staff trained by OSC on the anti-discrimination provision of the INA and be subject to monitoring by the OSC for a period of two years, including providing written reports to determine compliance upon the request of OSC.
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