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.”  

[FlingWingFlyer]

WETBACKS FIRST! - The U.S. “government”.

[Regulator]

The Real American

[PGR88]

America is devolving into a fascist system.

The most successful business is to be in bed with government, and politics, not the market or your product, will become your biggest risk.

So McDonalds can be fined for employing illegals and not checking their status, or it can be fined for not employing illegals by checking their status. There is a statute which can be made to say whatever politics wants it to say.

[eddie willers]

We are losing our minds.

[Boomer]

This is as bad as when the feds sued AZ for making a law that exactly matched federal law.

In this new normal; the feds don’t like it when states can enforce a federal law the feds have chosen to ignore and not enforce.

There should be an automatic system in place to immediately incarcerate any manager, director, or politician (including the AG) who knowingly violates basic federal laws because the entire system breaks down when they do. There should also be protections in place for anyone in that chain who refuses to obey unlawful orders to ignore or not enforce lawful federal laws.

[VTenigma]

Two types if you are a citizen.

[Bulwyf]

A face only a mother could love if blindfolded.

This is insane, why is nobody bothering to stop an obviously way out of control government? Waiting and hoping things get better after an election is akin to a battered woman thinking she won’t get beat again.

Wake up folks, time is not on our side.

[Svartalfiar]

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.

NO.

McDonald's asked for the SAME kind of proof of work eligibility, when the original proof expired. Otherwise, what's the point of having an expiration date on your green card?

[impimp]

PERMANENT RESIDENCY DOESNT EXPIRE AND ONLY HAS TO BE SHOWN ONCE TO AN EMPLOYER.

The fact the card expires is irrelevant as long as he shows the card once prior to expiration. Companies engage in this illegal activity all the time and it can be very costly.

[Svartalfiar]

PERMANENT RESIDENCY DOESNT EXPIRE AND ONLY HAS TO BE SHOWN ONCE TO AN EMPLOYER.

Says where? Most permanent residency (10 year expirations) you are correct, but that doesn't mean a company can't require you to maintain proof of that eligibility. There are several ways PR can be lost and someone ineligible to renew, and hence no longer has work authorization. You don't lose the authorization because the card expired, but you don't necessarily still have it either. The law only requires unexpired docs when first hired, but doesn't ban companies from keeping current documentation. Also, for conditional permanent residency, your status expires within two years, at which time you can be subject to deportation if you don't apply to have the conditions removed.

The fact the card expires is irrelevant as long as he shows the card once prior to expiration. Companies engage in this illegal activity all the time and it can be very costly.

How can it be very costly? Yes, renewal fees are $450, but as a green card holder, the law requires you to have a valid green card on your person at all times. Companies requiring current, valid documentation in no way presents additional costs to the employee.

As to being illegal: where in the law does it say this can't be done? If we look at a couple sites (a pain to find specific details on this, unless you have some law-links?), here's what I get:

https://www.usimmigration.us/immigration-forms/green-card-renewal-i-90/: But also, not having a valid copy with you at all times can cause problems. You never know when a your job may require a new photocopy of the card. It's also a misdemeanor to not carry it at all times.

http://www.nilc.org/provworkauth.html: In certain instances, an employer must ask workers to show their work authorization documents again (after you already filled out the I-9 Form when you were hired) if the work authorization document you presented had an expiration date. This is called "reverification," because the employer is checking again to make sure you are still authorized to work.... That is, the employer cannot require you to present another work permit with the new expiration date as long as you have other documents that establish your continued work authorization.

If you have shown documents that prove that you are a lawful permanent resident (you have a green card) then an employer should not - Note it says "should not", not "may not" - ask for documents again. For example, just because your green card has an expiration date, it only means that your card needs to be renewed not that your work authorization has expired. Your employer should not ask for your documents again since you have authorization to work in the U.S. permanently based on your status.

Your employer can reverify work authorization documents for the entire workforce so long as all workers are treated the same. It is against the law for the employer to reverify work authorization documents of only certain or specific workers if the employer has the intent to discriminate against those workers because of their immigration status (such as not being a U.S. citizen) or national origin.

So that last part - the FAQ seems to imply that just because they are green cards, the company specifically can't enforce reverification. But, if the company policy is that all workers need to have current docs (not just green cards need to update their info), then it's 100% acceptable per NILC's analysis. If a company wants to require that all employees have to keep current valid docs in order to maintain their position with the company, that's just fine and dandy.

[9YearLurker]

No, it’s pathetic that we make it illegal for employers to verify eligibility for work. Of course those with work authorization status ought to be able to have their verification scrutinized a little better—they’re the ones who are liable to palm off illegal documents and not to be actually eligible.

[impimp]

These cases have been posted multiple times on FR. It is against the law to ask for a current work authorization document, if a permanent work status had previously been confirmed.

Nobody will ask an American to prove he is an American twice.

When I say it is costly I am referring to employers getting sued for breaking the law.