Panda Express Owner Settles Immigration-Related Discrimination Claim
A Louisiana restaurant chain, Panda Express, has agreed to pay $400,000 to the United States after a federal investigation found the company discriminated against non-U.S. citizens in violation of the Immigration and Nationality Act (INA).
The Justice Department’s investigation, which spanned from May 31, 2014, to June 28, 2017, concluded that Panda Restaurant Group, Inc. unnecessarily required lawful permanent resident workers to re-establish their work authorization when their Permanent Resident Cards expired, while not making similar requests to U.S. citizen workers when their documents expired.
According to the investigation, Panda Express routinely required other non-U.S. citizen workers to produce immigration documents to reverify their ongoing work authorization despite evidence they had already provided sufficient documentation. The antidiscrimination provision of the INA prohibits such requests for documents when based on an employee’s citizenship status or national origin.
Under the settlement, Panda Express will pay a civil penalty of $400,000 to the United States and establish a $200,000 back pay fund to compensate workers who lost wages due to the company’s practices.
Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division stated, “Employers should ensure that their reverification practices comply with laws that protect workers against discrimination.”
The Immigrant and Employee Rights Section (IER) of the Justice Department is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship, immigration status, and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
Work-authorized, non-U.S. citizens who lost work at Panda Express between May 31, 2014, and June 28, 2017, due to Panda Express’ documentary practices may be eligible for back pay for the wages they would have earned. For more information, email IER.PEclaims@usdoj.gov.
Key Facts
- State: Louisiana
- Category: Public Corruption|White Collar Crime
- Source: DOJ Press Release â†â€â€
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