Missouri Pork Producer Agrees to Pay the Highest Civil Penalty on Record for Discrimination during the I-9 Process

by John Fayon August 22, 2011in Antidiscrimination, Enforcement

Today, the Department of Justice announced a record anti-discrimination settlement agreement with Farmland Foods, Inc. to resolve allegations that the company engaged in a pattern or practice of discrimination during the I-9 process. According to the DOJ’s press release, Farmland, a major producer of pork products in the United States, had a practice of requiring all newly hired non-U.S. citizens and some foreign-born U.S. citizens at its Monmouth, Illinois plant to present specific and, in many cases, extra work-authorization documents beyond those required by law. Under the terms of the settlement, Farmland has agreed to pay $290,400, the highest civil penalty paid through a settlement since the INA’s anti-discrimination provision went into effect in 1986. Farmland has also agreed to train its human resources personnel about proper I-9 procedure, and provide periodic reports to the DOJ for monitoring purposes.

How Does Discrimination Occur during the I-9 Process?

When employers think about I-9 rules, the primacy focus tends to be on making sure that the form is completed properly, original documents are reviewed, and everything is retained for the right amount of time in order to avoid potential issues and fines if Immigration and Customs Enforcement I-9 decides to show up at your door. However, the other side of the I-9 “coinâ€