By: Bruce Buchanan Law PLLC

The Justice Department, through Immigrant and Employee Rights Section (IER), formerly known as the OSC, has reached a settlement with Omnicare Inc., a wholly owned subsidiary of CVS Health Corporation, resolving the IER’s investigation into whether the company violated the Immigration and Nationality Act’s (INA) anti-discrimination provision.

The investigation, which was initiated in response to a worker’s complaint, revealed Omnicare engaged in citizenship status discrimination against a work-authorized job applicant by refusing to refer him to the hiring manager for an interview because he was not a permanent resident or U.S. citizen, and removing him from the candidate pool based on his status as an asylee. The INA’s anti-discrimination provision prohibits employers from discriminating against asylees because of their citizenship or immigration status, unless authorized by law to do so.

Under the settlement agreement, Omnicare will pay $3,621, the maximum civil penalty for a single instance of citizenship status discrimination; post notices informing workers about their rights under the INA’s anti-discrimination provision; have its staff and its contractors undergo department-provided training on the anti-discrimination provision of the INA; evaluate all employment applicants in a non-discriminatory manner; and be subject to departmental monitoring and reporting requirements for two years.

This settlement demonstrates the need for employers, big and small, to be aware of the law as it relates to citizenship status for asylees and other applicants. To learn more about employer immigration compliance, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, which is available at http://www.amazon.com/dp/0997083379