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Garland Sales Inc., Citizenship Status Discrimination, Georgia 2009

Garland Sales Inc., a Georgia rug manufacturer, has been accused of discriminating against individuals of Hispanic origin when establishing their eligibility to work in the United States.

According to a settlement with the Justice Department, Garland Sales Inc. imposed unnecessary documentary requirements on individuals of Hispanic origin, and retaliated against a worker for protesting his discriminatory treatment.

The charging party, a naturalized U.S. citizen of Hispanic descent, applied for a job with Garland in May 2009. At the time of hire, he presented his unexpired driver’s license and an unrestricted Social Security card—a combination of documents sufficient to prove his identity and his authorization to work in the United States.

However, Garland demanded that the worker provide his “green card,” even though U.S. citizens do not have green cards. After Garland made further requests for documents, the worker objected to the company’s demands, and Garland then rescinded the job offer.

The worker, along with another individual who was denied employment with Garland when the company rejected the individual’s valid documentation, will receive full back pay out of the $10,000 settlement.

Garland Sales Inc. has agreed to pay $10,000 in back pay and civil penalties, and to undergo training on proper employment eligibility verification practices.

“Employers may not treat authorized workers differently during the hiring process based on their national origin or citizenship status,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “It is also illegal when employers take action against workers for asserting their federally protected rights, and that type of behavior will be vigorously investigated and prosecuted.”

The Office of Special Counsel (OSC) for Immigration Related Unfair Employment Practices is responsible for enforcing the anti-discrimination provision of the INA, which protects work authorized individuals from employment discrimination on the basis of citizenship status or national origin discrimination, including discrimination in hiring and the employment eligibility verification (Form I-9) process.

Defendant/respondent: Garland Sales Inc.

Exact criminal charges: Citizenship Status Discrimination and Retaliation

City and state: Georgia

Exact date: Not specified (alleged to have occurred in 2009)

Sentence or outcome: Paid $10,000 in back pay and civil penalties, underwent training on proper employment eligibility verification practices

Dollar amounts: $10,000

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