The Office of Special Counsel, an arm of the Justice Department, has reached an agreement with Gamewell Mechanical Inc., based in Salisbury, N.C., resolving claims that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA).
An investigation revealed that Gamewell officials had terminated three individuals when it received information that six of their co-workers were undocumented foreign nationals and incorrectly assumed that three U.S. citizens were similarly not authorized to work in the United States.
Under the settlement agreement, Gamewell Mechanical will pay a total of $10,560 in back pay to the three discharged U.S. citizens, and $9,600 in civil penalties to the United States. Gamewell Mechanical will also train its human resources staff about employers responsibilities to avoid discrimination in the employment eligibility verification process and be subject to reporting and
compliance monitoring by the department for 18 months.
Bruce E. Buchanan is an attorney at the at Nashville Office of Siskind Susser, P.C. He represents individuals and employers in all aspects of immigration law, with an emphasis on immigration compliance for employers, and employment/labor law. Mr. Buchanan received his law degree from the Vanderbilt University School of Law in 1982 and a B.S. degree from Florida State University, where he graduated magna cum laude. Mr. Buchanan has been in private practice since 2003. Beforehand, he served as Senior Trial Specialist for the National Labor Relations Board for 20 years. He also served from 1991 to 2003 as Adjunct Professor at William H. Bowen UALR School of Law, where he taught courses in Labor Law and Employment Law. Mr. Buchanan was chair of the Tennessee Bar Association's Immigration Law Section from 2011 to 2012 and has been the editor of the TBA's Immigration Law Section Newsletter and the TBA's Labor and Employment Law Section Newsletter since 2009. Mr. Buchanan is a frequent writer and speaker on immigration compliance as well as labor law, wage & hour law and proposed federal legislation. He is a member of American Immigration Lawyers Association (AILA) and serves as the Advocacy Liaison of the Mid-South Chapter of AILA. Mr. Buchanan also serves on the Board of Directors for the Nashville International Center for Empowerment (NICE) and is an associate member of the Mid-Tennessee Chapter of the Associated Builders & Contractors. Mr. Buchanan is admitted to practice in Tennessee, Florida, and Arkansas, before the U.S. Court of Appeals for the Fifth, Sixth, Eighth, and D.C. Circuits and the U.S. District Courts for the Middle District of Tennessee and the Eastern and Western Districts of Arkansas.