Farmland Foods Inc. Settled Allegations of Employment Discrimination

In a shocking revelation, Farmland Foods Inc., a major producer of pork products in the United States, has agreed to settle allegations of employment discrimination with the Justice Department. The company, headquartered in Kansas City, Mo., was accused of imposing unnecessary and excessive documentary requirements on non-U.S. citizens and foreign-born U.S. citizens when establishing their authority to work in the United States.

The lawsuit, initiated by the Civil Rights Division’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), was based on an OSC investigation revealing that Farmland required 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 federal law.

Farmland Foods Inc., a subsidiary of Smithfield Foods Inc., has agreed to pay $290,400 in civil penalties, the highest civil penalty paid through settlement since enactment of the INA’s anti-discrimination provision in 1986. The company also agreed to modify its employment eligibility verification process, end its impermissible document requests, and undergo monitoring and reporting provisions, as well as training for their human resources personnel.

In a statement, Thomas E. Perez, the Assistant Attorney General in charge of the Civil Rights Division, said, “The Justice Department is committed to protecting the right of all work-authorized employees, regardless of their citizenship or immigration status, to work without having to overcome extra and discriminatory hurdles during the hiring process.”

Farmland Foods Inc. is a subsidiary of Smithfield Foods Inc. and is headquartered in Kansas City, Mo. The company has agreed to settle allegations of employment discrimination with the Justice Department.

The Office of Special Counsel for Immigration Related Unfair Employment Practices is responsible for enforcing the anti-discrimination provision of the INA, which protects work authorized individuals against employment discrimination on the basis of citizenship status or national origin discrimination, including discrimination in hiring, firing and the employment eligibility verification (Form I-9) process. For more information about protections against employment discrimination under federal immigration law, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TDD for hearing impaired) or OSC’s employer hotline.

Farmland Foods Inc. is now required to comply with federal immigration law and prevent discriminatory practices in the hiring process.

In addition to the $290,400 in civil penalties, Farmland Foods Inc. has agreed to undergo monitoring and reporting provisions, as well as training for their human resources personnel.

Defendant: Farmland Foods Inc.

Criminal Charges: Employment Discrimination

City and State: Kansas City, Mo.

Exact Date: June 2011

Sentence or Outcome: Settlement

Dollar Amounts: $290,400

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