Ministry of Justice agrees with Insurance Agency to resolve immigration discrimination claims | OPA

The Department of Justice announced today that it has reached an agreement with James A. Scott & Son Inc., an insurance agency that does business like Scott Insurance based in Lynchburg, Virginia. The agreement resolves the department’s allegations that Scott Insurance discriminates on the basis of citizenship against a non-US citizen by asking him to present a specific document to prove his work permit and rejecting the valid document the worker showed. The department also found that Scott Insurance routinely discriminates against non-US citizens by not considering them and hiring them because of their citizenship status.

“Employers cannot refuse to hire candidates on the basis of their citizenship status unless authorized to do so by law,” said Assistant Attorney General Kristen Clark of the Department of Justice’s Civil Rights Division. “Employers are also prohibited from discriminating against workers when checking their work permits. The Civil Rights Department is committed to protecting workers from unlawful civil discrimination. “

The department’s investigation found that Scott Insurance discriminated against a lawful permanent resident by asking him for his permanent residence card to prove his work permit, and then rejected the valid documentation he provided. In addition, the department determined that no later than June 1, 2017 and lasting at least until August 1, 2020, Scott Insurance discriminates against non-American citizens by not considering them and hiring them for positions based on their civil status .

The Anti-Discrimination Act of the Immigration and Citizenship Act (INA) protects U.S. citizens, non-U.S. citizens, refugees, asylum seekers, and recent lawful residents from discrimination based on their citizenship status. The law has an exception that allows employers or tenants to restrict jobs based on citizenship status if they are authorized to do so by law, ordinance, executive order, or government contract. Employers are also prohibited from restricting or specifying the types of documents that a worker may show in order to prove a work permit due to the worker’s nationality, immigration status or national origin. Employers must allow workers to submit any valid documentation that workers choose, and they cannot reject valid documentation that reasonably appears to be authentic.

Under the agreement, Scott Insurance will pay $ 9,500 in civil sanctions to the United States and up to $ 70,000 in compensation to affected workers. The agreement also requires Scott Insurance to train employees on the requirements of INA’s anti-discrimination provision and be subject to departmental monitoring and reporting requirements.

The Immigration and Employees’ Rights (IER) Division of the Civil Rights Division is responsible for enforcing INA’s anti-discrimination provision. The law prohibits discrimination based on citizenship status and national origin in hiring, firing, hiring or referral for remuneration; unfair documentary practices; and revenge and intimidation.

Learn more about how IER works and how to get help with this short video. Find out more about how employers can avoid discrimination on the basis of citizenship status on the IER website. Applicants or staff who consider that they have been discriminated against on the grounds of their nationality, immigration status or national origin in hiring, firing, hiring or during the eligibility check process (Form I-9 and E-Verify); or retaliated against, may be charged. The public can also call the IER hotline at 1-800-255-7688 (1-800-237-2515, TTY for the hearing impaired); call the IER employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for the hearing impaired); email [email protected]; sign up for a free webinar; or visit the English and Spanish IER websites. Subscribe to GovDelivery to receive updates from IER. See the Spanish translation of this press release here.

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