WASHINGTON – The Justice Department today reached a settlement with Brand Energy and Infrastructure Services and its subsidiary, Industrial Services LLC (ISI), resolving allegations that ISI, which provides craft services to industry, engaged in a pattern or practice of discrimination against non-citizens in the hiring and employment eligibility verification process.
The department’s investigation was prompted after a work-authorized immigrant lost his job when he could not comply with ISI’s request to provide specific employment documentation beyond what was required by law. Further investigation revealed that ISI’s Prairieville, La., office required all newly hired non-U.S. citizens to present documents issued by the Department of Homeland Security upon hire. The company did not require U.S. citizens to present any particular documents. Under the Immigration and Nationality Act’s (INA’s) anti-discrimination provision, employers are not allowed to discriminate against work-authorized employees during the hiring and employment eligibility verification process.
In addition to ending its impermissible document requests, ISI has agreed to pay $43,560 in civil penalties and $7,200 in back pay, plus interest, to the injured party. Brand and ISI have also agreed to monitoring provisions, as well as training for their human resources personnel.
“The Justice Department will continue to protect the right of work-authorized immigrants to work without having to overcome discriminatory hurdles during the hiring process,” said Thomas E. Perez, the Assistant Attorney General in charge of the Civil Rights Division. “We are pleased to have reached a settlement in this matter, and will continue to educate the public about the anti-discrimination provision of the INA.”
The Office of Special Counsel for Immigration Related Unfair Employment Practices is responsible for enforcing the anti-discrimination provision of the INA, which protects work authorized individuals against employment discrimination on the basis of citizenship status or national origin discrimination, including discrimination in hiring and the employment eligibility verification (Form I-9) process. For more information about protections against employment discrimination under federal immigration law, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TDD for hearing impaired), OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TDD for hearing impaired); e-mail email@example.com ; or visit OSC’s website at www.justice.gov/crt/about/osc