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]

RushIsMyTeddyBear :" ..she was told by admin that she couldn’t fail Hispanic students. It was a directive. She HAD to give them a “C” ."

That "C" was a participation trophy !
Wait until they get to the next grade, where they can't compete academicly
Then that kid will become a "drop-out " !

[EternalVigilance]

The Constitution has a name for people like this, I believe.

“Enemies....domestic.”

[rawcatslyentist]

Sounds like they’re trying to make a lil CYA precedent for Hussein when he finally gets tagged for being an Indonesian!

[BobL]

I suspect that President Trump’s Justice Department won’t be bringing these types of lawsuits.

[Alberta's Child]

Read the article. You’re still required to fill out an I-9 form for every prospective employee prior to employment. What the U.S. Dept. of Justice is apparently saying is that once their eligibility is confirmed, there’s no legal basis to require those employees to document their eligibility again later.

[elpadre]

Isn’t there an immigration law stating employers who hire illegals are fined??

[zoomie92]

This is what every single company in in the US should be doing. Not legally here? Cannot prove it? Then no job or welfare or public of any kind. Illegal immigration would be over in 6 months.

[gaijin]

Good God...!

Harrowing, wow..! Amazing story.

[Dante3]

for later

[zoomie92]

This is what every single company in in the US should be doing. Not legally here? Cannot prove it? Then no job or welfare or public of any kind. Illegal immigration would be over in 6 months.

[GeronL]

Suing companies for obeying the law.

Can it get dumber?

Just wait until tomorrow and see.

[Mastador1]

As I recall I was required to update I-9’s as frequently as needed if the documentation was not permanent, I spent a lot of time doing that for three stores, so I guess my statement still holds true unless the law was actually changed, which I doubt. Just more protection from Lord Foul and his lackeys for people staying beyond their legal right to.

[optiguy]

Can it get dumber?

The U.S. Equal Employment Opportunity Commission is suing a Wisconsin plastics manufacturer for requiring its employees to speak English, Judicial Watch reports.

Wisconsin Plastics, Inc. fired a group of Hmong and Hispanic workers in the fall of 2012. The EEOC argues that the firings violate Title VII of the 1964 Civil Rights Act, which “protects employees from discrimination based on national origin, which includes the linguistic characteristics of a national origin group.” Read more: http://dailycaller.com/2014/07/03/feds-sue-wisconsin-company-for-requiring-its-employees-to-speak-english/#ixzz3s0CcJcfx

[GeronL]

It’s hard to make stuff if everyone is speaking a different language

[impimp]

WRONG. This is about asking for a specific kind of proof when a different form of proof was sufficient. It is a little like getting asked for a SSN and a drivers license when the drivers license was sufficient. It is stupidity and McDonald’s didn’t need to do it.

[impimp]

NO.

McDonald’s broke the law by asking legal permanent residents for multiple types of proof of work eligibility. One type of proof is sufficient.

[impimp]

They broke the law.

[cynwoody]

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

From what country are you?

[sten]

hold on.

mcdonald’s did nothing wrong. it’s against the law to employ anyone in the country illegally.

unless... the hair they’re splitting is whether or not they knowingly hired the illegal. and since they couldn’t know without checking, the fedgov believes they violated the law by checking.

which is bs.

obviously, the dems are doing what they can, and have been for decades, to flood the country with illegals.