The Department of Justice today announced that it had reached a settlement to settle with DC Precision Machining Inc.. This company manufactures parts for medical devices. It is based out of Morgan Hill, California.
The settlement settles claims that the company discriminated by requiring workers to show specific work authorization documents based on their citizenship status. A worker claimed that she was denied a job offer because she refused to produce additional documentation to prove her ability to work in the United States.
The investigation started when a U.S. citizen brought a discrimination case against DC Precision Machining to the Civil Rights Division. The department’s investigation revealed that the company refused the worker’s unrestricted Social Security Card to prove her work authorization. It also required her to produce an additional document before she could begin work. She was then unable to comply with the company’s demands and withdrew her job offer. In addition, the investigation revealed that the company requested a variety of work authorization documents. Each new employee was limited in the documents they could choose from based on their citizenship status. U.S. citizens had to present a U.S. Passport and birth certificate. Non-U.S. citizens had to present an immigration document to support their work authorization. This was even though the new hire had previously given DC Precision Machining another acceptable document proving that they were authorized to work.
Employers must allow workers to present any document to verify that they are authorized to work here in the United States,” stated Assistant Attorney General Kristen Clarke from the Civil Rights Division. Employers that require new employees to show documents based on their immigration status or citizenship are guilty of unlawful discrimination. DC Precision Machining is looking forward to working with the Justice Department to meet its obligations to prevent employment discrimination in future
Federal law allows all legally acceptable documentation to be presented to prove their identity and authorization to work in America, regardless of citizenship or status. Employers cannot request more documents or limit the options of employees to prove authorization for work under the Immigration and Nationality Act.
Under the terms of the settlement agreement, DC Precision Machining will pay a civil penalty of $13,400 to the United States and $21,360. 55 will be sent to the worker. DC Precision Machining will also train its employees to comply with the INA’s anti discrimination provisions. This training will include IER-provided training. The company will be monitored for two years to ensure compliance.
The INA’s anti-discrimination provisions are enforced by the Civil Rights Division’s Immigrant and Employee Rights Section. This statute prohibits discrimination based on citizenship or national origin in hiring, firing, recruitment or referral. It also prohibits unfair documentary practices and retaliation.
Watch this video to learn more about IER and how you can get help. Applicants and employees who feel they have been discriminated against on the basis of their citizenship, immigration status, or national origin can file a complaint. The public also can contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites. Register to GovDelivery for updates from IER This press release is also available in Spanish.