By: Bruce Buchanan, Sebelist Buchanan Law



The Immigrant and Employee Rights Section (IER), a part of the Civil Rights Division of the Justice Department, has reached a settlement with Rose Acre Farms Inc, one of the largest egg producers in the United States. The settlement resolves a long-standing lawsuit filed by the IER and the Justice Department alleging Rose Acre violated the Immigration and Nationality Act (INA) by discriminating against work-authorized non-U.S. citizens when verifying their work authorization.

The Department’s amended complaint alleged that from at least June 2009 to December 22, 2011, Rose Acre routinely required work-authorized non-U.S. citizens to present a Permanent Resident Card or Employment Authorization Document to prove their work authorization but did not require specific documents from U.S. citizens. All work-authorized individuals, whether U.S. citizens or non-U.S. citizens, have the right to choose which valid documentation to present to prove they are authorized to work. Employers may not dictate which document(s) may be presented. The anti-discrimination provision of the INA prohibits employers from subjecting employees to unnecessary documentary demands based on employees’ citizenship or national origin.

Under the settlement, Rose Acre will pay a civil penalty of $70,000 to the U.S. government; train its human resources personnel on their legal obligations to not discriminate by viewing a free online IER webinar presentation; revise any existing employment policies so that they prohibit discrimination based on citizenship, immigration status, and national origin in the hiring processes; and be subject to departmental monitoring for two years.

For answers to many other questions related to the IER and immigration compliance, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, and is available at http://www.amazon.com/dp/0997083379.