Treacy Enterprises Inc., a Domino’s Pizza franchisee based in Maryland, has agreed to pay $2,000 in civil penalties to the U.S. Department of Justice to settle claims of violations of the Immigration and Nationality Act (INA). The case highlights the importance of companies complying with the INA in their hiring practices and ensuring that all employees, regardless of citizenship status, are treated fairly and according to the law.
Violation of the Immigration and Nationality Act
Treacy Enterprises Inc. was found to have required a non-U.S. citizen worker to provide more documents than necessary to prove their permission to work in the United States. Specifically, the company asked for the worker’s green card as a requirement to work, which is a violation of the INA. The Act mandates that employers cannot demand more or different documentation than what is required by law, and they cannot discriminate against employees on the basis of their citizenship status.
Companies that do not follow these guidelines run the risk of violating the INA and facing sanctions and penalties, as in the case of Treacy Enterprises Inc. Asking non-U.S. citizen workers to provide their green card as a requirement to work is an easy way for companies to fall afoul of the law. It is vital for companies to educate themselves about the INA and establish compliance protocols to minimize the risk of violations.
Recent Settlement Agreements Demonstrating Federal Commitment
Treacy Enterprises Inc. is not alone in facing legal action for INA violations. Several recent settlement agreements demonstrate a federal commitment to this area in recent years. The Giant Co. settled DOJ allegations that it discriminated against non-U.S. citizen workers by requiring them to supply green cards. New York-based boutique bakery, Lady M Confections Co., and its West Coast affiliate, Lady M West Third, settled similar DOJ allegations for $1,864. ResourceMFG, a manufacturing staffing company, paid a $75,000 settlement in March to resolve allegations that it rejected a job applicant who presented valid documentation to work in the United States.
These cases illustrate the importance of companies complying with INA guidelines and avoiding discrimination based on citizenship status. Employers need to ensure that their hiring practices adhere to the law and that they do not ask for unnecessary documents or requirements from non-US citizen workers.
Eligibility-to-Work Documents
An essential part of complying with INA is the Form I-9 process, where employers verify the identity and employment authorization of each newly hired employee. Employers must complete Form I-9 for all employees, including non-U.S. citizens, and maintain records of the forms for designated periods. During the Form I-9 process, employees present documents such as a passport, driver’s license, or other forms of identification to establish identity and work eligibility.
Companies must also be mindful of how they treat the information obtained during the Form I-9 process. Personal and sensitive data, such as identification numbers and social security numbers, should be stored securely and kept confidential.
As remote I-9 document review ends on July 31, it is crucial for employers to ensure that all documentation and hiring processes comply with the INA. Employers must also avoid discrimination and biases against non-U.S. citizen workers and treat them fairly and equally according to the law. Failure to comply with INA can result in substantial fines, legal fees, and damage to a company’s reputation. It is always better to establish compliance programs and policies to avoid potential legal disputes. Companies should take proactive steps to prevent INA violations from happening, including regular training of hiring managers and conducting independent audits to review compliance status regularly.