The Department of Justice announced today that it has reached a settlement agreement with Cloud Peritus Inc., a California-based computer consulting services company. The settlement resolves the department’s allegations that Cloud Peritus discriminated against a non-US citizen by requiring him to submit additional and unnecessary documentation to prove his authorization to work because of his citizenship status.
“Once employees present valid and acceptable documents to prove their authorization to work, employers cannot request more documents based on the employees’ citizenship, immigration status or national origin,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. . “The Civil Rights Division is committed to ensuring that all workers have the right to prove their authorization to work without unlawful discrimination.”
The department’s investigation determined that Cloud Peritus had discriminated against a non-US citizen by asking him for additional documents to prove his authorization to work, even though he had already provided sufficient documents, on the basis of his citizenship status. The investigation also found that the company’s request for discriminatory documents was partly caused by its misunderstanding of the software used to verify employees’ work authorization, which the company said required these documents from non-US citizens. .
The anti-discrimination provision of the Immigration and Nationality Act (INA) prohibits employers from requesting more or different documents than necessary to prove their authorization to work in the United States because of citizenship, status immigration or national origin of a worker. Employers should allow workers to present any valid document chosen by workers and cannot reject valid documents that appear reasonably genuine.
Under the settlement, Cloud Peritus will pay a civil penalty in the United States. The regulations also require Cloud Peritus to train personnel on the requirements of the INA’s anti-discrimination provision and be subject to the department’s monitoring and reporting requirements.
The Immigrant and Employee Rights Section (IER) of the Civil Rights Division is responsible for enforcing the INA’s anti-discrimination provision. The law prohibits discrimination based on citizenship status and national origin in hiring, firing, recruiting, or orientation for compensation; unfair documentary practices; and retaliation and intimidation.
Learn more about the work of IER and how to get help with this short video. Find more information on how employers can avoid discrimination related to citizenship status on the IER website. Applicants or employees who believe they have been discriminated against because of their citizenship, immigration status, or national origin during the hiring, firing, recruiting process, or in the eligibility verification process Employment (Form I-9 and E-Verify); or subject to reprisals, may file a complaint. The public can also call the IER worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for the hearing impaired); call the IER employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for the hearing impaired); email [email protected]; register for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER. See the Spanish translation of this press release here.