A major airline has been accused of discriminating against lawful permanent residents during the employment eligibility verification process. United Continental Holdings Inc., the parent company of Continental Airlines, has agreed to settle a claim with the federal government that it discriminated against lawful permanent residents in violation of the Immigration and Nationality Act (INA).
The Justice Department announced the settlement agreement, which was reached after an investigation found that Continental Airlines discriminated against lawful permanent residents by requiring them to complete additional Forms I-9 and provide additional proof of employment eligibility after hire. The law prohibits this practice, as it places additional documentary burdens on work-authorized employees based on their citizenship status.
According to the investigation, the company’s practices were discovered after a caller reported the issue to the Office of Special Counsel for Immigration-Related Unfair Employment Practices’s hotline. The Office is responsible for enforcing the anti-discrimination provision of the INA, which prohibits employers from singling out employees for unnecessary and unauthorized employment reverification based on their citizenship or immigration status.
‘The INA’s anti-discrimination provision protects individuals from being singled out for unnecessary and unauthorized employment reverification based on their citizenship or immigration status,’ said Acting Assistant Attorney General Molly Moran for the Civil Rights Division. ‘We commend Continental’s willingness to resolve the issues uncovered during the department’s investigation.’
As part of the settlement agreement, United Continental Holdings Inc. will pay $215,000 to the United States and create a $55,000 back pay fund to compensate individuals who may have lost wages due to the company’s practices. The company will also undergo training on the anti-discrimination provision of the INA and be subject to departmental monitoring of its employment eligibility reverification practices for a period of two years.
The Office of Special Counsel for Immigration-Related Unfair Employment Practices within the Justice Department is responsible for enforcing the anti-discrimination provision of the INA, which prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation. For more information about protections against employment discrimination under immigration laws, contact OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired), or visit OSC’s website at www.justice.gov/crt/about/osc.
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Key Facts
- State: Federal
- Category: Human Trafficking|White Collar Crime
- Source: DOJ Press Release ↗
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