A Florida-based franchisee of a national restaurant chain has reached a settlement agreement with the U.S. Department of Justice for discriminating against a non-citizen worker, the agency announced Monday.
Destin Wings LLC, doing business as Hooters of Destin, violated the Immigration and Nationality Act (INA) by discriminating against a non-U.S. citizen when checking her permission to work in the United States, according to the news release.
“While employers are legally obligated to verify every new hire’s permission to work in the United States, they cannot discriminate based on the employee’s citizenship status or national origin in the process," Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in the news release. "The Civil Rights Division will continue to vigorously combat unlawful discrimination in the workplace and dismantle unnecessary obstacles to work.”
An employee who was not a U.S. citizen complained to the DOJ when Destin Wings would not accept legal documentation of her right to work in the country and illegally insisted she provide additional information, the release reports. Although she had legal permission to work in the country, she was unable to acquire one of the documents Destin Wings needed because of her citizenship.
Under the INA's anti-discrimination provision, employers are not legally allows to request particular documents, or more documents than are required, because of a worker’s citizenship, immigration status, or country of origin, according to the release. Employers also cannot deny valid documentation that logically seems to be genuine. Instead, they must permit employees to provide whatever appropriate documents they select.
In accordance with the settlement, Destin Wings must pay a civil penalty to the United States, pay back wages to the employee who reported the incident to the department, provide personnel with anti-discrimination training, and submit to departmental oversight for a minimum of three years, the release reported.
The Immigrant and Employee Rights Section (IER) of the Civil Rights Division is in charge of upholding the INA's anti-discrimination clause, according to the release. The law forbids, among other things, intimidation, retribution, unfair documentary practices, and discrimination based on citizenship status and national origin in hiring, dismissal, or recruitment or recommendation for a fee.
