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The Department of Justice has filed a lawsuit against Chancery Staffing Solutions LLC (Chancery Staffing), a temporary staffing agency headquartered in New York. Chancery Staffing is the successor to TransPerfect Staffing Solutions LLC (TransPerfect Staffing) and continues to do business as both TransPerfect Staffing Solutions and TransPerfect Legal Solutions. The lawsuit alleges that TransPerfect Staffing discriminated against non-U.S. citizens and dual U.S. citizens in violation of the Immigration and Nationality Act (INA), and Chancery Staffing is liable for the discrimination as its successor.
The lawsuit alleges from April 4, 2017, to July 7, 2017, TransPerfect Staffing limited its recruitment and hiring of attorneys for a temporary document review project to U.S. citizens only. Additionally, the lawsuit alleges that from May 12, 2017, to July 7, 2017, TransPerfect Staffing further restricted its recruitment and hiring for positions under the project to exclude U.S. citizens who were also citizens of another country. Although it implemented these discriminatory policies at the request of the law firm of Clifford Chance LLP see http://discuss.ilw.com/blogs/bbuchan...mination-claim, TransPerfect Staffing actively participated in the discriminatory hiring process and remained the employer of the document reviewers assigned to the project, according to the lawsuit.
Under the INA, it is unlawful for employers to discriminate intentionally against U.S. citizens, U.S. nationals, recent lawful permanent residents, asylees and refugees in hiring unless required to comply with a law, regulation, executive order, Attorney General determination, or provision of a federal, state, or local government contract. Absent such a requirement, employers that limit their hiring to U.S. citizens may violate the INA’s anti-discrimination provision.
The complaint seeks civil penalties, back pay on behalf of the workers, and other remedial relief to correct and prevent discrimination.
If you want to know more information on issues related to employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.
