By Michele Chadwick
WASHINGTON, DC – The Department of Justice announced last week it reached a settlement agreement with Sutherland Management Company, which manages four McDonald locations in the San Diego area.
The settlement resolves claims that the company discriminated against non-U.S. citizens when checking their permission to work in the U.S.
The investigation began after a non-U.S. citizen complained that Sutherland Management Company refused to accept his valid documentation proving his permission to work and demanded a different document from him.
The DoJ’s investigation revealed the company “routinely discriminated against non-U.S. citizens.”
Sutherland Management Company, said the DoJ, discriminated primarily against lawful permanent residents, by asking them to present specific, Department of Homeland Security-issued documents to prove their permission to work in the U.S..
The investigation also revealed that the company “refused to allow the worker who complained to begin working” until he presented the unnecessary request documentation.
However, under federal law, all employees have the right to choose which valid documentation they wish to present when demonstrating that they have permission to work in the U.S.
The government said the Immigration and Nationality Act’s anti-discrimination provision prohibits employers from this exact scenario. Employers cannot ask for more documents than necessary or specify the type of documentation that a worker must present to prove their permission to work.
Assistant Attorney General Kristen Clarke of the Civil Rights Division said, “Employees have the right — U.S. citizens and non-U.S. citizens alike — to choose which valid, acceptable documentation they wish to present to prove their permission to work.”
Clarke added, “The Civil Rights Division will continue to fight unlawful workplace discrimination on the basis of citizenship, immigration status and national origin. We look forward to working with Sutherland Management Company to secure compliance with this settlement and applicable federal law.”
Under the settlement, Sutherland Management Company will pay $40,000 in civil penalties to the U.S., pay back pay for lost wages to the worker who complained, review and revise its employment policies to comply with the anti-discrimination provision of the INA, and train its employees who are responsible for verifying workers’ permission to work in the U.S.
