Department of Justice Seal

FOR IMMEDIATE RELEASE

CR

FRIDAY, AUGUST 13, 1999

(202) 616-2777

WWW.USDOJ.GOV

TDD (202) 514-1888


MARYLAND FOOD PROCESSING PLANT FINED RECORD

AMOUNT IN IMMIGRATION-RELATED JOB DISCRIMINATION CASE


WASHINGTON, D.C.-- A Maryland food processing plant was ordered to pay more than $380,000 for discriminating against work-authorized immigrants, the largest civil penalty ever imposed for discrimination under federal immigration laws, announced the Justice Department.

Townsend Culinary Inc., of Laurel, Maryland, was ordered by Administrative Law Judge Joseph E. McGuire to pay $367,000 in civil penalties to the U.S. Treasury and more than $13,400 in back pay to two work-authorized, non-U.S. citizen discrimination victims. The judge also found that the company illegally imposed harsher hiring requirements on 660 other non-U.S. citizen employees discovered during the Justice Department's investigation. The treatment of those employees, who were not fired, establishes a pattern of misconduct by the company.

The Justice Department's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) filed suit against Townsend after investigating charges brought by the United Food and Commercial Workers Union Local 400 on behalf of Salvadoran immigrants Delmy Guerrero and Ana Torres. OSC's investigation revealed that Townsend illegally fired the two women who were authorized to work in the United States because they did not produce work authorization documents issued by the Immigration and Naturalization Service (INS).

In his decision, Judge McGuire found that Townsend discriminated against Guerrero, Torres and other non-U.S. citizens by requiring them to present INS-issued documents while allowing U.S. citizens to present any acceptable documents. The judge held that Townsend's conduct constituted a pattern or practice of document abuse and citizenship status discrimination against non-U.S. citizens.

"Today's decision demonstrates that immigrant workers are not alone in fighting job discrimination," said John D. Trasviña, Special Counsel. "We are pleased the court affirmed that treating immigrant workers more harshly than U.S. citizens is wrong."

The decision also requires Townsend to reinstate both women and to end its discriminatory hiring practices.

Townsend has 60 days to appeal the decision to the Fourth Circuit Court of Appeals.

OSC was established in 1987 to ensure that all work-authorized individuals -- U.S. citizens and non-U.S. citizens alike -- are not subject to discrimination because of their national origin or citizenship status. Individuals seeking more information about assistance provided by OSC may call 1-800-255-7688 (toll free) or (202) 616-5594 or write to:

Office of Special Counsel for

Immigration Related Unfair Employment Practices

Post Office Box 27728

Washington, D.C. 20038-7728

E-mail: osc.crt@usdoj.gov

www.usdoj.gov/crt/osc

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