U.S. Department Of Justice Civil Rights Division Office Of Special Counsel For Immigration-Related Unfair Employment Practices 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
|FOR IMMEDIATE RELEASE |
THURSDAY, APRIL 5, 2001
TDD (202) 514-1888
LAS VEGAS HOTEL & CASINO TO PAY MORE THAN $50,000
WASHINGTON, D.C.-The Excalibur Hotel and Casino in Las Vegas will pay more than $50,000 in civil penalties and back pay to settle allegations of workplace discrimination, under an agreement reached with the Justice Department's Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC).
The agreement with the Excalibur Hotel & Casino provides back pay to 22 casino and hotel workers who were fired or suspended because they were unable to comply with the company's illegal document production requirements. Under federal law, employers may not demand specific documents when re-verifying the employment eligibility of their employees.
The investigation was initiated after a Bosnian refugee alleged that Excalibur fired him when he could not produce a new INS work authorization card, even though he had already produced an INS Form I-94 (departure/arrival document) stamped "employment authorized," which is legally sufficient to prove continuing work authorization.
OSC found that when Excalibur re-verified employment eligibility, the company would not accept documents other than INS-issued cards. Federal law requires employers to fulfill the employment eligibility verification and re-verification requirements by accepting documents that appear to be genuine and relate to the individual, and that come from a list of legally acceptable documents. The law prohibits employers from requesting specific documents from employees or requiring additional ones.
Excalibur has corrected its policy to comply with federal law.
"We are pleased with Excalibur's effort to reach a quick settlement that protects against discrimination and provides back pay to workers who were improperly terminated," said John Trasviña, OSC Special Counsel. "Because Las Vegas has the nation's fastest growing immigrant population, we will educate other area employers about how to comply with the law."
Employers with questions regarding the employment verification process may call OSC's toll-free automated hotline at 1-800-255-8155. Workers may call, toll-free, 1-800-255-7688. Assistance is available in all languages. For more information about protections against job discrimination under the immigration laws, call toll-free 1-800-255-7688, or 202-616-5594 or write to: