US sues McDonalds for confirming employee immigration status

Spero News ^ | 11/19/15 | Martin Barillas

[markomalley]

McDonald’s settled a lawsuit filed by the Department of Justice. According to a DOJ statement, McDonalds and its affiliates and subsidiaries thus resolved allegations that the corporation had discriminated illegally against immigrant employees at corporate-owned restaurants. In a press release, DOJ declared, “…the anti-discrimination provision of the Immigration and Nationality Act (INA) prohibits employers from placing additional documentary burdens on work-authorized employees during the employment eligibility verification process because of their citizenship or immigration status.”

 

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) at DOJ initiated its investigation after it had received information on its worker hotline. It found that McDonald’s, according to a statement, had a longstanding practice of requiring lawful permanent residents to show a new permanent resident card upon the expiration of their original document. According to DOJ, this was in violation of federal law.

 

“Employers cannot hold lawful permanent residents to a higher standard by placing additional documentary burdens upon them during the employment eligibility verification process,” said Principal Deputy Assistant Attorney General Vanita Gupta. Gupta, who is head of the Civil Rights Division, said  “Requiring unnecessary documentation of individuals based on their citizenship or immigration status is discriminatory, and the Department of Justice will not hesitate to enforce the law and protect the rights of work-authorized immigrants.”  

 

Federal law requires that permanent residents have authorization to reside and work in the United States on a permanent basis.  Proof of that status is the so-called ‘Green Card.’ However, according to DOJ, legal immigrants are also eligible for many other documents that may prove their work eligibility. They do not have to show their permanent resident cards when starting a job. Like U.S. citizens, they are allowed to choose “whatever valid documentation they want to establish their employment authorization.”

 

According to DOJ, the ‘Green Card’ generally contains an expiration date. Expiration of the card, says Justice, does not mean they lose their right to work or their status.  The DOJ stated, “Lawful permanent residents who decide to show an unexpired permanent resident card are not required to present any additional documentation when their card expires, and employers cannot request additional documents from them.”

 

As a result of the negotiated settlement, McDonald’s will pay $355,000 in civil penalties to the United States, undergo monitoring for 20 months, and provide training to its employees on the anti-discrimination provisions of the Immigration and Nationality Act. The corporation is also required to pay compensation to the “lawful permanent resident employees of McDonald’s-owned restaurants who lost work or lost their jobs due to these documentary practices.”  

[Tilted Irish Kilt]

So , there is no more " E-verify" program ??

[17th Miss Regt]

Vanita Gupta

Rope. Now.

[dadfly]

bookmark

[impimp]

This is pathetic that McDonalds did this. It is a recurring hassle for many people who legally don’t have to deal with it.

[digger48]

Wasn’t she the head of the ACLU before this?

[17th Miss Regt]

Yeah. She has been an ultra-left radical since her earliest days.

[Fred Hayek]

So please explain to me how complying with the law is violating the law.
The entire Executive Branch needs to be purged.

[Pearls Before Swine]

According to DOJ, the ‘Green Card’ generally contains an expiration date. Expiration of the card, says Justice, does not mean they lose their right to work or their status.

I thought that that was exactly what expiration was supposed to do. How could it be otherwise?

[gaijin]

Vanita Gupta

[cynwoody]

So , there is no more " E-verify" program ??

This is why E-verify, the I-9 form, and Social Security name matching are all a bad joke.

[gaijin]

“freeze it, PERSONALIZE it...”
—Alinsky.

https://en.wikipedia.org/wiki/Vanita_Gupta

[RushIsMyTeddyBear]

Funny. The program stickers are all over the school board central office doors for ‘E-Verify’. Teacher told me (in private), some years ago that she was told by admin that she couldn’t fail Hispanic students. It was a directive. She HAD to give them a “C” .

[carlo3b]

This is only a tip of the iceberg.. You CANNOT PREVENT AN HIV-AIDS patient from working in the food handling positions, or require them to ware a mask if they are suffering from TB, or any airborne contagious diseases..

I know only too well.. I was forced to close a successful restaurant to protect the public from the health risk from one of my employees, that I offered a raise to move out of the kitchen.. He died of full blown AIDS 10 months later..

[Mastador1]

When I managed there twenty years ago we were required to fill out an I-9 for every prospective employee proving legal eligibility to work in the United States prior to their employment and if we didn't we were could be subject to crippling fines. Now under Lord Foul you get fined for following the law? Are the imbeciles in charge actually trying to force employers to use as many robotic replacements for people as possible?

[RginTN]

so if an illegal alien applies to work at a local police dept then the obama regime would sue it for vetting the legal status of that illegal alien???

[digger48]

I seem to remember FReepers predicting this kind of crap when she moved to the DOJ

[Sacajaweau]

This is why Ted Cruz should be Attorney General....and go on to the Supreme Court someday.

Obama wants to make criminals of all of us.

[Lurkina.n.Learnin]

Remember when they hollered about going after the employers that hired illegals? It is obviously a bureaucratic minefield.

[Sacajaweau]

A simple clarification to McDonalds is what should have happened.

And why is there an expiration date in the first place. Doesn't make sense.