University of California San Diego Medical Center, Employment Eligibility Verification Discrimination, California 2011

Employment Eligibility Verification Discrimination Allegations Hit California Medical Center

A California medical center has been hit with allegations of employment eligibility verification discrimination, according to a recent settlement agreement.

The University of California San Diego Medical Center has agreed to settle a complaint filed on December 6, 2011, alleging that the medical center failed to comply with proper employment eligibility verification processes for non-citizens who are authorized to work in the United States.

According to the complaint, the medical center subjected newly hired non-U.S. citizens to excessive demands for documents issued by the Department of Homeland Security in order to verify their employment eligibility, but did not require the same of U.S. citizens.

Specifically, the complaint alleged that the medical center placed unfair documentary burdens on work-authorized employees during the hiring and employment eligibility verification process based on their citizenship status or national origin.

The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from placing such burdens on work-authorized employees.

The University of California San Diego Medical Center has taken steps to ensure compliance with the INA’s anti-discrimination provision, including receiving training on the proper use of work authorization documents from the Department of Homeland Security/U.S. Immigration & Customs Enforcement (ICE).

Under the terms of the settlement agreement, the medical center has agreed to implement new employment eligibility verification policies and procedures that treat all employees equally regardless of citizenship status.

The medical center has also agreed to pay a civil penalty of $115,000, conduct supplemental training of its human resources personnel on their responsibilities to avoid discrimination in the employment eligibility verification process, and work with the government to ensure compliance with proper employment eligibility verification processes across all University of California campuses, medical centers, and facilities.

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 discrimination in hiring, firing, and recruitment or referral for a fee on the basis of citizenship status and national origin.

The United States was represented in this matter by Luz V. Lopez-Ortiz and Ronald Lee, Office of Special Counsel Trial Attorneys.

For more information about protections against employment discrimination under federal immigration law, call the Office of Special Counsel’s worker hotline at 1-800-255-7688 (1-800-237-2515, TDD for hearing impaired), the employer hotline at 1-800-255-8155 (1-800-237-2515, TDD for hearing impaired), or 202-616-5594; email osccrt@usdoj.gov; or visit the Office of Special Counsel’s website at www.justice.gov/crt/about/osc.

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