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Thread: DOJ Accuses U.S. Biz of Discrimination for Requiring Proof of Work Eligibility

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  1. #1
    Administrator Jean's Avatar
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    DOJ Accuses U.S. Biz of Discrimination for Requiring Proof of Work Eligibility

    SEPTEMBER 02, 2015

    In its crusade to protect and assist illegal immigrants, the Obama administration has accused an American company of discrimination for requiring employees to furnish proof that they are eligible to work legally in the United States.

    You know the nation is in trouble when a U.S. business gets investigated by its own government for following the law. The case involves a Nebraska meat packing company that demanded workers to furnish proof of immigration status for the federal employment eligibility verification process. The Obama Department of Justice (DOJ) went after the company, accusing it of engaging in employment discrimination.

    In particular the DOJ’s Office of Special Counsel for Immigration-Related Unfair Employment Practices objected to non-U.S. citizens being “targeted” because of their citizenship status. “The department’s investigation found that the company required non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documentary proof of their immigration status to verify their employment eligibility,” the DOJ claims. This could constitute a violation of the Immigration and Nationality Act (INA), the feds assert, because its anti-discrimination provision prohibits employers from making documentary demands based on citizenship or national origin when verifying an employee’s authorization to work.

    With the feds breathing down its neck the business, Nebraska Beef Ltd, agreed to pay Uncle Sam a $200,000 civil penalty and establish an uncapped back pay fund to compensate individuals who lost wages because they couldn’t prove they are in the county legally. Additionally, the business will undergo “compliance monitoring,” which means big brother will be watching very closely. The head of the DOJ’s civil rights division explains that the agency is on a mission to eliminate “unnecessary and discriminatory barriers to employment” so workers can support their families and contribute to the U.S. economy.

    This case is part of a broader effort by the Obama administration to helps illegal aliens in the U.S. Besides shielding tens of millions from deportation via an executive amnesty order, the president has also expanded the DOJ to help carry out part of this mission. It’s why the agency’s civil rights division has grown immensely under Obama. A few years ago Judicial Watch reported that the DOJ’s civil rights division launched a secret group to monitor laws passed by states and local municipalities to control illegal immigration. Because the measures are viewed as discriminatory and anti-immigrant by the administration, the DOJ has spent huge sums of taxpayer dollars to track them and legally challenge them as it did in Arizona.

    The federal tentacles have reached deeply into the workplace. A few years ago the DOJ civil rights division, under the leadership of renowned illegal alien advocate Thomas Perez, launched a plan to eliminate tests that supposedly discriminate against minorities in the workplace. The administration defines them as having a “disparate impact,” a racial discrimination created by the various written exams. The tests disproportionately screen out people of a particular race, even though they “present the appearance of objective, merit-based selection,” according to the Obama DOJ.

    Last year a federal audit disclosed that the Obama administration was letting businesses that hire undocumented workers off the hook by drastically reducing fines and enforcement. During a three-year period the administration slashed by 40% the amount of fines collected from employers caught with illegal immigrants on their payroll, according to the probe which was conducted by the Department of Homeland Security (DHS) Inspector General. This inconsistent implementation hinders the government’s mission to prevent or deter employers from violating immigration laws, the DHS watchdog wrote in its report. Now the DOJ is taking it a step further by going after employers that try to ensure their workers are in the U.S. legally.

    http://www.judicialwatch.org/blog/20...k-eligibility/
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  2. #2
    Senior Member Judy's Avatar
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    This is treason against our citizens and businesses. Shut it down.
    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

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    Is America mad enough yet to exercise their constitutional right and take back their nation? That term "political correctness" does not mean that politicians can do no harm I have a horrible feeling that too many Americans are confused about what it means.

    America, pass it on! Politically correct does not mean that a politician has a clie what he is doing. I could name a bunch

  4. #4
    Administrator Jean's Avatar
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    Obama’s DOJ Sues Nebraska Business That Asked Foreign Workers if They Were Legal

    by Katie McHugh
    9 Sep 2015

    In August, the Obama administration fined a Nebraska business $200,000 and demanded they pay “uncapped” backpay to foreign workers against which they are accused of discriminating after the company asked them to provide proof of their legal status.

    The Justice Department announced today that it reached a settlement with Nebraska Beef Ltd., a meat packing company headquartered in Omaha, Nebraska. The settlement resolves an investigation by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) into whether the company was engaging in employment discrimination in violation of the Immigration and Nationality Act (INA). In particular, OSC investigated whether the company was requiring non-U.S. citizen employees, because of their citizenship status, to present proof of their immigration status for the employment eligibility verification process.

    The department’s investigation found that the company required non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documentary proof of their immigration status to verify their employment eligibility. The INA’s anti-discrimination provision prohibits employers from making documentary demands based on citizenship or national origin when verifying an employee’s authorization to work.

    Asking foreigners if they’re present legally in the country or not can be grounds for a federal lawsuit.

    Under the settlement agreement, Nebraska Beef Ltd. will pay a $200,000 civil penalty to the United States and will establish an uncapped back pay fund to compensate individuals who lost wages because of the company’s practices. The settlement also requires the company to undergo compliance monitoring for two years, train its employees on the anti-discrimination provision of the INA, and to review and revise its office policies.

    According to the settlement, within nine months, Nebraska Beef Ltd. must let foreigners they chose not to hire know that they’ll send them backpay, and in ten months, they must send foreigners backpay. The DOJ also demanded that the company post their department’s “If You Have a Right to Work” posters in English and Spanish and provide a copy of it to all applicants for two years afterward. The DOJ instructed Nebraska Beef Ltd they are prohibited from “requesting citizenship or immigration status from job applicants or employees.” Nebraska Beef Ltd. will also have to go great lengths to train employees and managers in a new, Obama administration-approved hiring process.

    In other words, in the very act of trying to determine whether or not the immigrants they were hiring where in the country legally, the company broke existing immigration law and drew the ire of the DOJ. 8 U.S. Code § 1324b, which Nebraska Beef Ltd. is charged with violating, makes an exception for discriminating against illegal aliens in hiring:

    (1) General rule: It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a(h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment—
    (A) because of such individual’s national origin, or
    (B) in the case of a protected individual (as defined in paragraph (3)), because of such individual’s citizenship status.

    But asking applicants to provide documentation of their legal immigration status is against the law. The DOJ says Nebraska Beef Ltd. didn’t use E-Verify “appropriately,” thus the violation the DOJ cited:

    (6) Treatment of certain documentary practices as employment practices
    A person’s or other entity’s request, for purposes of satisfying the requirements of section 1324a(b) of this title, for more or different documents than are required under such section or refusing to honor documents tendered that on their face reasonably appear to be genuine shall be treated as an unfair immigration-related employment practice if made for the purpose or with the intent of discriminating against an individual in violation of paragraph (1).

    The settlement came in August, as 689,000 Americans lost jobs and foreign job gains outpaced natives’ by 2.6 to one.

    http://www.breitbart.com/big-governm...ey-were-legal/
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  5. #5
    Senior Member Judy's Avatar
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    This is absolute madness.

    The settlement came in August, as 689,000 Americans lost jobs and foreign job gains outpaced natives’ by 2.6 to one.
    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

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