OSC Settles Discrimination Complaints
Posted Jun 24, 2000

The U.S. Department of Justice ("DOJ") set up an office of special counsel ("OSC") in 1987 to ensure that all work-authorized individuals, whether U.S. citizens, permanent residents, or any other work-authorized individuals, are not subject to discrimination merely because of their national origin or citizenship status.

Here we summarize three cases in which the OSC sued private employers and obtained decisions resulting in the imposition of fines on the employers:

In the first case, the OSC filed suit against a food processing plant that had required certain work authorization documents from some, but not all, of its employees. The employer agreed to pay $97,0000 in civil penalties and an additional $135,000 in a worker security fund to resolve discrimination complaints on behalf of more than 660 legal immigrant workers. The employer had illegally fired two women who were authorized to work in the United States merely because they did not produce work authorization documents issued by the INS.

In the second case, the Atlanta Journal Constitution agreed to correct its hiring practices and pay in excess of $80,000 in back pay and penalties to settle immigration-related job discrimination charges. The newspaper agreed to hire the two workers who were unlawfully denied their jobs, to pay approximately $5,000 in back wages, to improve its hiring policies, to receive training from the DOJ, and to pay over $75,000 in civil penalties.

In the third case, Denny's, Inc. agreed to retrain all managers at company-owned restaurants regarding the proper procedures for verifying the documents required of new employees who are eligible to work in the United States. Although the agreement specifically involves the Denny’s restaurant located in San Diego, California, Denny's has agreed to retrain managers in all of its 1,700 company-owned restaurants with respect to proper employment eligibility verification procedures. In addition, Denny's has agreed to pay approximately $90,000 in civil penalties.

John Trasvina, Special Counsel at OSC, stated in connection with the first case: "This is a victory not only for the immigrant women workers who had the courage to come forward, but for all workers. Immigrant workers do not have to fight discrimination alone." Individuals who seek more information about the Office of Special Counsel for Immigration Related Unfair Employment Practices may call 1-800-255-7688 or send an e-mail to: osc.crt@usdoj.gov. The website address is: www.usdoj.gov\crt\osc.